WILMINGTON, Del. (Legal Newsline) - The Delaware Supreme Court has affirmed a lower court’s decision to dismiss a widow's asbestos exposure lawsuit.
Shad Shaw was diagnosed with mesothelioma in April 2016. He and his wife, Sarah, sued 17 companies in March 2017 claiming he was exposed to asbestos fibers at work and as a “shade tree mechanic” in Texas
Shaw and his wife sought an expedited trial because of his medical condition, but there was a delay in obtaining reports from experts on the level of Shaw’s exposure to asbestos. Shaw requested an extension for the expert report deadline until May 11, 2018, and the defendants agreed.
As Shaw’s health continued to decline, he asked to delay the trial and all deadlines to March 2019. The defendants agreed with a new deadline for the expert report of Sept. 7, 2018. Shaw died in June 2018.
His wife asked to delay the trial for another six months to September 2019, but the defendants this time refused. A special master appointed by the court recommended refusing the extension request. A superior court judge accepted the recommendation and dismissed the case. Shaw’s widow appealed.
The Delaware Supreme Court on March 24 upheld the lower court decision from Shaw v. American Friction, Inc. et al.
“The Superior Court did not abuse its discretion in denying the plaintiff's motion,” the Supreme Court said. “The court’s judgment is affirmed.”
Justices James T. Vaughn, Jr. and Karen Valihura dissented.
“The unfairness to plaintiff in this case is substantial,” they wrote. “She is denied an opportunity to present her case, which apparently includes economic damages of more than $9 million to a jury.”
The superior court judge “failed to engage in a fair balancing of all relevant factors and arrived at a ruling that is beyond the bounds of reason in view of the circumstances of this case,” the justices said in their dissent. “The plaintiff should have an opportunity to present her case to a jury.”
Supreme Court of Delaware case number N17C-03-229