Price v. Anchor Packing Co.

Full title: PATRICIA PRICE and BOBBY PRICE, her husband, Plaintiffs, v. ANCHOR PACKING…

Court: Superior Court of Delaware, New Castle County

Date published: Jan 7, 2010

C.A. No. 09C-06-084 ASB (Del. Super. Ct. Jan. 7, 2010)

Opinion

C.A. No. 09C-06-084 ASB.

January 7, 2010.

ORDER GRANTING LEAVE TO APPEAL FROM INTERLOCUTORY ORDER

MARY M. JOHNSTON.

This 7^th day of January, 2010, plaintiffs having made application pursuant to Rule 42 of the Supreme Court for an order certifying an appeal from the interlocutory order of this Court, dated November 20, 2009; and the Court having found that such order determines substantial issues and establishes legal rights and that the following criteria of Supreme Court Rule 42(b) apply:

(a) 42(b)(i) (original question of law pursuant to Rule 41(b)(i)) — the question of law is of first instance in Delaware;

(b) 42(b)(iii) (substantial issue) — interpretation of this Court's decision in Riedel v. ICI Americas, Inc., 968 A.2d 17 (Del. 2009), concerning establishing a prima facie case of misfeasance sufficient to subject a landowner to liability for proximately causing injury to a household or take-home plaintiff, resulting from exposure to asbestos;

(c) resolution of this issue will affect other pending asbestos cases;

(d) review of the interlocutory decision may terminate the litigation, substantially reduce further litigation, and otherwise serve considerations of justice.

Defendant E.I. DuPont de Nemours Company does not oppose permitting plaintiffs to pursue this appeal on an interlocutory basis, rather than at the conclusion of all proceedings in Superior Court.

IT IS ORDERED that the Court's order of November 20, 2009, is hereby certified to the Supreme Court of the State of Delaware for disposition in accordance with Rule 42 of that Court.