Hudson v. A.C. & S. Co.

TAYLOR, Judge.

Plaintiffs Vincent Oberle, George Hudson and George Dunn [plaintiffs], who are or were employed at a Tidewater/Getty/Texaco plant1 at the petroleum refinery at Delaware City, Delaware, seek to recover for diseases which they allege were caused by exposure to asbestos while working at the plant. Defendant Collier Carbon and Chemical Company [Collier] has moved for summary judgment on the ground that plaintiffs’ tort action is barred by 19 Del.C. § 2304.

Collier’s relationship to the refinery and to plaintiffs exists by virtue of a joint venture agreement which Collier and…