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DROZ v. HENNESSY INDUSTRIES, LLC

No. 211, 2021.

275 A.3d 257 (2022)

Shelley DROZ, individually and as Executor for the Estate of Eric C. Droz, deceased, Plaintiff Below, Appellant, v. HENNESSY INDUSTRIES, LLC, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 28, 2022.

Attorney(s) appearing for the Case

Michael C. Dalton, Esquire (argued), Bartholomew J. Dalton, Esquire , Ipek Kurul, Esquire , Andrew C. Dalton, Esquire , DALTON & ASSOCIATES, P.A., Wilmington, Delaware, Adam L. Balick, Esquire , Michael Collins Smith, Esquire , and Patrick J. Smith, Esquire , BALICK & BALICK, LLC, Wilmington, Delaware, for Plaintiff Below, Appellant Shelley Droz.

Brian D. Tome, Esquire , REILLY, MCDEVITT & HENRICH, P.C., Wilmington, Delaware, and Susan M. Valinis, Esquire (argued), REILLY, MCDEVITT & HENRICH, P.C., Philadelphia, Pennsylvania, for Defendant Below, Appellee Hennessy Industries, LLC.

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices, constituting this Court en Banc.

In many asbestos cases, the plaintiff claims injury from exposure to a defendant's asbestos-containing product. The facts in this appeal are a variation on that theme. Shelley Droz alleges that her husband, Eric Droz, used an arc grinding machine to resurface brake drum shoes that contained asbestos. She claims that the arc...

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