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PRICE v. E.I. DUPONT DE NEMOURS & CO.

No. 719, 2009.

26 A.3d 162 (2011)

Patricia PRICE and Bobby Price, her husband, Plaintiffs Below, Appellants, v. E.I. DuPONT DE NEMOURS & COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 11, 2011.

Attorney(s) appearing for the Case

Thomas C. Crumplar (argued) and Jordan J. Ponzo , Jacobs & Crumplar, P.A., Wilmington, Delaware for appellants.

John C. Phillips, Jr. , Goldman & Spence, P.A., Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices and KUHN, Chief Judge constituting the court en banc.

STEELE, Chief Justice for the Majority:

Patricia Price appeals from a Superior Court order denying her Motion to Amend her household asbestos exposure complaint as futile. Because the allegations in Price's amended complaint amount to a claim against DuPont for nonfeasance, and the complaint does not allege any "special relationship" between Price and DuPont, her proposed amendments, if allowed, would be futile. Therefore, we affirm.

I. FACTS AND PROCEDURAL...

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