Delaware Court Sides with DuPont in Asbestos Case

July 15, 2011

A divided Delaware Supreme Court has ruled against the wife of a former DuPont Co. worker in an asbestos exposure case.

The court ruled 3-to-2 on Monday that Patricia Price could not change a claim of nonfeasance against DuPont into a claim of misfeasance.

Nonfeasance involves the failure to protect someone with whom you have a special relationship and to whom you owe a duty. Misfeasance involves a general affirmative duty to protect others against harm.

The court said Dupont’s failures to prevent Bobby Price from taking asbestos fibers home on his clothing or to warn the Prices about asbestos do not support a claim of misfeasance. It also said Price’s nonfeasance claim must fail because DuPont had no special relationship with her and owed her no legal duty.

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