(Download) "Lewis Kofron v. Amoco Chemicals" by Supreme Court of Delaware # Book PDF Kindle ePub Free
eBook details
- Title: Lewis Kofron v. Amoco Chemicals
- Author : Supreme Court of Delaware
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
McNEILLY, Justice: (for the majority) We here consider two appeals from decisions of the Superior Court which require us to determine the scope of coverage of the Delaware Workmen's Compensation Law. In both cases plaintiffs instituted common law causes of action based, respectively, on claims of gross negligence and intentional tort against defendants, their former or present employers, and a number of other corporations, engaged in the manufacturing of asbestos. In this opinion, however, we are concerned only with the allegations made against Amoco and duPont. The Superior Court granted defendants' motions to dismiss the claims pursuant to Superior Court Civil Rule 12(b)(6) for failure to state claims upon which relief could be granted. Plaintiffs appeal from these dismissals. Because of the preliminary stage et which dismissal occurred in these cases, the only factual records before this Court are the complaints 1 filed by plaintiffs. In judging the merits of a motion to dismiss for failure to state a claim, all well-pleaded facts in the complaint are assumed to be true, Laventhol, Krekstein, Horwath & Horwath v. Tuckman, Del. Supr., 372 A.2d 168 (1976), and, as the Trial Court noted, a complaint will not be dismissed unless the plaintiff would not be entitled to recover under any reasonably conceivable set of circumstances susceptible of proof. Diamond State Tel. Co. v. University of Delaware, Del. Supr., 269 A.2d 52 (1970). Thus, the facts set out below are merely the allegations found in the respective complaints and the reasonable inferences which may be drawn therefrom.
 "Lewis Kofron v. Amoco Chemicals" by Supreme Court of Delaware # Book PDF Kindle ePub Free){kind=link}