Rocha v. duPont


Oral Argument
11/06/13 – 11/06/13


This is an appeal of the Superior Court's December 5, 2012 Order Granting Defendant E.I. DuPont de Nemours & Company, Inc.’s July 23, 2010 Motion to Dismiss. The complaint was filed on April 23, 2010 by Maria Martinez, the widow of Santos Roque Rocha, who, according to the complaint died from mesothelioma as a result of working with and around asbestos from 1963 to 1980 while employed by a DuPont subsidiary at its Argentine plant. DuPont was sued not because of its ownership or relationship to the decedent’s employer, but for its own separate and distinct tortious conduct. In this oral argument before the Delaware Supreme Court, the attorney representing Ms. Martinez contended that the lower court erred in granting DuPont’s Motion to Dismiss because it ignored the opinions of Plaintiff’s and Defendant’s experts that Plaintiff had stated a viable claim against DuPont under Argentine law.


The judgment of the Superior Court was affirmed.


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