GENERAL MOTORS CORP. v. GRENIER

Nos. 453, 2007, 578, 2007.

981 A.2d 531 (2009)

GENERAL MOTORS CORPORATION and Ford Motor Company, Defendants Below, Appellants, v. Roland Leo GRENIER, Sr., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 24, 2009.

Reargument Denied September 15, 2009.


Attorney(s) appearing for the Case

Christian J. Singewald, Esquire, White & Williams, LLP, Wilmington, DE; Of Counsel: Eileen Penner, Esquire and Andrew Tauber, Esquire, Mayer Brown, LLP, Washington, DC, for Appellants General Motors Corporation and Ford Motor Company.

Yvonne Takvorian Saville, Esquire, Weiss & Saville, P.A., Wilmington, DE; Of Counsel: John J. Spillane, Esquire, Kevin D. McHargue, Esquire and Renée M. Melancon, Esquire, Baron & Budd, P.C., Dallas, TX, for Appellee Roland Leo Grenier, Sr.

Joseph J. Rhoades, Esquire and A. Dale Bowers, Esquire, Wilmington, DE, for the Concerned Scientists as amici curiae.

Somers S. Price, Jr., Esquire, Potter Anderson & Corroon, LLP, Wilmington, DE, for Chrysler LLC; Matthew P. Donelson, Esquire, Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, DE, for Borg-Warner Corporation; and J. Michael Johnson, Esquire, Rawle & Henderson, LLP, Wilmington, DE, for Honeywell International; Of Counsel: Samuel L. Tarry, Jr., Esquire, McGuireWoods, LLP, Richmond, VA as amici curiae.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices and NOBLE, Vice Chancellor, constituting the Court en Banc.


BERGER, Justice, for the majority:

This is an appeal from a jury verdict in favor of Roland Leo Grenier, Sr., a former auto mechanic who is suffering from mesothelioma, a fatal form of lung cancer. Grenier alleged that dust from brake shoes and other friction products manufactured by Ford Motor Company caused his illness.1 Ford's principal argument is that the trial court abused its discretion in admitting Grenier's expert testimony. After...

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