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Price v. E.I. DuPont de Nemours & Co.

Delaware Supreme Court
2011 WL 2682822 (2011)


Facts

Bobby Price worked as a maintenance technician for E.I. DuPont de Nemours & Co. (DuPont) (defendant). For years, Bobby worked around asbestos and tracked the asbestos into his house via his clothes, vehicle, and skin. His wife, Patricia Price (plaintiff), developed various maladies that she alleged were caused by the asbestos. Patricia sued DuPont. Her complaint stated that DuPont engaged in “affirmative, active misconduct,” and then gave facts to the effect that DuPont had failed to take adequate protective actions to limit the release of asbestos. DuPont defended by arguing that it did not owe a duty to Patricia. DuPont had no employment relationship with Patricia, nor any special relationship. The trial court found that DuPont did not owe a duty to Patricia and dismissed her case. Patricia appealed.

Rule of Law

Issue

Holding and Reasoning (Steele, C.J.)

Dissent (Berger, J.)

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