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IN RE ASBESTOS LITIGATION

C.A. No. N10C-04-203 ASB.

IN RE ASBESTOS LITIGATION. JANINE McCOY and MARVIN McCOY Limited to: PolyVision Corp.

Superior Court of Delaware, New Castle County.

February 21, 2012.

Attorney(s) appearing for the Case

Ian Connor Bifferato, Esquire , David W. deBruin, Esquire , Bifferato LLC, Wilmington, Delaware, Counsel for Plaintiffs Janine McCoy and Marvin McCoy.

Armand J. Della Porta, Jr., Esquire , Ana Marina McCann, Esquire , Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington Delaware, Counsel for Defendant PolyVision Corp.

MEMORANDUM OPINION

JOHN A. PARKINGS, JR., Judge.

This is a take home asbestos exposure case in which the court must apply Pennsylvania law. The Pennsylvania Supreme Court has not ruled on whether a duty applies in take home asbestos exposure cases. For the reasons discussed below, the court predicts that the Pennsylvania Supreme Court would not find that a premises owner/employer owes a duty to its employee's spouse for take home asbestos exposure...

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