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Price v. E.I. duPont de Nemours & Co., 2011 WL 2682822 (Del.).

Plaintiff sought to amend her Complaint to add household exposure claim against Defendant E.I. duPont. Plaintiff alleged that she was exposed to asbestos from her husband, an employee of E.I. duPont. Plaintiff alleged that her husband brought home asbestos fibers on his clothing. Plaintiff's negligence claim against E.I. duPont was for "nonfeasance," i.e. for omitting to act. In the case of nonfeasance, the party who omits to act owes no general duty; the duty only arises if there is a legally significant "special relationship" between the parties. The Court found that no special relationship between E.I. duPont and the spouse of its employee. E.I. duPont owed no duty to Plaintiff. The Court, therefore, affirmed the lower court's denial of Plaintiff's motion to amend the complaint, as futile.

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