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Maron Marvel Director Don Kinsley won summary judgment for Aurora Pump Company
Delaware court solidifies defense due to lack of specific identification of exposure to asbestos from a product, grants summary judgment for pump manufacturer
February 11, 2021
Maron Marvel Director Donald Kinsley won summary judgment for Aurora Pump Company when the Delaware Superior Court ruled that the Plaintiffs had failed to prove exposure to asbestos from Plaintiff’s husband’s work with Aurora pumps, due in part to his lack of any training in the identification of asbestos-containing products. The matter involved alleged take-home exposures from the Plaintiff’s husband’s work with various pieces of equipment, including pumps, during the late 1970s under Colorado law. The court held there was no evidence in the record that Plaintiff’s husband had any training in the identification of asbestos-containing products and that general testimony about work with Aurora pumps was insufficient. The evidence also failed to show how much of Plaintiff’s alleged exposure to asbestos from husband’s work could be attributed to Aurora pumps. The Court granted summary judgment for Aurora Pump Company as to all claims. Lorena and Bradley Buum v. Air & Liguid Systems Corp. (Aurora Pump Co.), C.A. No. N17C-04-091 ASB (Del. Super. Feb. 11, 2021).