Supreme Court of Delaware
Elizabeth Ramsey, Personal Representative of the Estate of Dorothy Ramsey, Deceased, Plaintiff Below, Appellant, V…
June 27, 2018189 A.3d 1255
Summary
The court held that a household member who regularly launders asbestos-contaminated work clothing is a foreseeable plaintiff under the manufacturer's duty to warn. An asbestos-product manufacturer may satisfy that duty by providing adequate warnings and safe-laundering instructions to the employer, but may be liable if it failed to do so and the household member proves the remaining elements of negligence. The court rejected the prior characterization of comparable employer conduct as nonfeasance, overruled prior decisions to the extent necessary, reversed summary judgment, and remanded.