Maryland Court of Special Appeals: Asbestos Cases

Our case-law library holds 45 asbestos decisions from the Maryland Court of Special Appeals (1990–2021). Each links to our summary and the full opinion.

• State: Maryland
• Kind of court: State appeals court

Decisions

• Pifer v. Irwin Industrial Tool Co. (2021). The Court of Special Appeals reversed the order excluding the Estate's eBay chalk samples, vacated the summary judgment for Irwin Industrial Tool Co., and remanded for further proceedings.
• Staubs v. CSX Transportation, Inc. (2021). The Court of Special Appeals reversed the circuit court's dismissal of Mary Staubs's FELA suit against CSX Transportation on res judicata grounds and remanded for further proceedings, so the plaintiff won.
• Coates v. Ford Motor Company (2020). The Court of Special Appeals affirmed the judgment for Ford Motor Company after retrial, rejecting the Coates estate's challenges to the denial of partial summary judgment, the denial of a new trial, and the refusal to apply res judicata or collateral estoppel.
• Ament v. John Crane-Houdalille, Inc. (2019). Affirmed the circuit court's judgment for John Crane, Inc., holding the trial court did not abuse its discretion in striking Dr. Frank's specific causation testimony, so the Aments lost.
• Colvin v. Eaton Corporation (2019). The Court of Special Appeals reversed the circuit court's dismissal with prejudice of Carole Colvin's wrongful death and survival action against Eaton, PACCAR and others, ruling for Ms. Colvin, and remanded for a new discovery plan and scheduling order.
• Crowe v. CSX Transportation, Inc. (2019). Affirmed the circuit court's judgment for CSX, holding that the LHWCA, as amended in 1972, applied to Mr. Crowe and was his exclusive remedy, so his FELA claim against CSX failed.
• Pinner v. Pinner (2019). The appeals court vacated the roughly $100,000 default judgment against Mona Pinner for lack of personal jurisdiction and affirmed the dismissal of Randy Pinner's claims against her former attorneys, so Randy lost on both the appeal and the cross-appeal.
• Estate of Schatz v. John Crane, Inc. (2018). The Court of Special Appeals affirmed the trial court's grant of judgment to John Crane, Inc. against the estate and daughters of Concetta Schatz, holding JCI owed Mrs. Schatz no duty to warn.
• Lloyd E. Mitchell, Inc. v. Rossello (2018). The Court of Special Appeals affirmed the judgment for Patrick Rossello against Lloyd E. Mitchell, Inc., finding no error in the denial of summary judgment, the exclusion of Donald Hopkins as a trial witness, or the denial of JNOV and new trial motions.
• Mack Trucks, Inc. v. Coates (2018). The Court of Special Appeals reversed the judgments for Coates against Mack Trucks and Ford on negligent failure to warn, and reversed the judgments for CertainTeed on Mack's and Ford's cross-claims, remanding for further proceedings; it held the evidence against Mack was legally sufficient.
• Vitale v. Burnham, LLC (2018). The Court of Special Appeals vacated the summary judgment for Burnham and Weil-McLain and the denial of reconsideration, and remanded for further proceedings, ruling for the Vitale family on whether the boilers were asbestos-containing products.
• Wallace & Gale Asbestos Settlement Trust v. Busch (2018). The Court of Special Appeals affirmed the Baltimore City jury verdict and judgment for William Busch and his wife Kathleen against the Wallace & Gale Asbestos Settlement Trust, which lost on all five of its claims of error.
• Wallace & Gale Asbestos Settlement Trust v. Busch (2018). The Court of Special Appeals affirmed the judgment for the Busches against the Wallace & Gale Asbestos Settlement Trust, holding that the evidence of causation was sufficient and that the evidentiary and jury-instruction rulings were not erroneous.
• Davenport v. Mcic, Inc. (2017). The Court of Special Appeals affirmed summary judgment for MCIC, Inc. (McCormick) and the Wallace & Gale Asbestos Settlement Trust, and the Davenport family lost.
• Duffy v. CBS Corporation (2017). The Court of Special Appeals affirmed the circuit court's summary judgment for CBS Corporation, holding that Maryland's statute of repose barred Piper's (later his estate's) asbestos claim against CBS.
• Hiett v. Ac&r Insulation Co., Inc. (2017). The Court of Special Appeals of Maryland affirmed the circuit court's summary judgment for AC&R Insulation Co., ruling against Daniel and Jessica Hiett.
• Stein v. Pfizer Inc. (2016). The Court of Special Appeals affirmed the Baltimore City circuit court's summary judgment for Pfizer, holding Pfizer was not an "apparent manufacturer" of Insulag, and denied the Stein family's motion for judicial notice.
• May v. Air & Liquid Systems Corporation (2014). The Court of Special Appeals affirmed summary judgment for the pump manufacturers Air & Liquid Systems, Warren Pumps and IMO Industries, and against Philip May and his wife.
• Burns v. Bechtel Corp. (2013). The Court of Special Appeals affirmed summary judgment for Bechtel, holding Jean Burns's claims over her husband's mesothelioma were barred by Maryland's statute of repose.
• Wallace & Gale Asbestos Settlement Trust v. Carter (2013). The Court of Special Appeals reversed and vacated the judgments for the fifteen use plaintiffs against the Wallace & Gale Trust as time-barred, reversed the Hewitt judgments and remanded for a new trial on apportionment, and affirmed the plaintiffs' judgments in the Carter, James and Lawrence cases.
• Brannan v. Wallace & Gale Asbestos Settlement Trust (2012). The Court of Special Appeals affirmed the circuit court's summary judgment for the Wallace & Gale Asbestos Settlement Trust, so the four estates could not seek further money from the Trust.
• Dixon v. Ford Motor Company (2012). The Court of Special Appeals vacated the judgments for the Dixon plaintiffs against Ford Motor Company and remanded for a new trial, because the trial court should not have admitted the plaintiffs' expert's causation opinion.
• Georgia-Pacific v. Farrar (2012). The Court of Special Appeals affirmed the jury verdict and judgment of about $4.995 million for Jocelyn Farrar against Georgia-Pacific, rejecting Georgia-Pacific's challenges on duty to warn, causation evidence, and the jury instruction.
• Crane v. Linkus (2010). The Court of Special Appeals affirmed the judgment for Mr. Linkus (and his estate) against John Crane, Inc., rejecting Crane's challenges to causation, the size of the verdict, and the denial of credits for bankrupt entities' payments.
• Scapa Dryer Fabrics, Inc. v. Saville (2010). The Court of Special Appeals affirmed the Baltimore City judgment for Carl Saville against Scapa Dryer Fabrics and the Wallace & Gale Asbestos Settlement Trust, and upheld the denial of their cross-claims against the settling defendants.
• Scapa Dryer Fabrics, Inc. v. Saville (2009). The Court of Special Appeals affirmed the judgment for Carl Saville against Scapa Dryer Fabrics and the Wallace & Gale Asbestos Settlement Trust, and upheld the denial of their JNOV and new-trial motions and of Scapa's request for a further reduction for bankruptcy trust payments.
• Taylor v. Csr Limited (2008). The Court of Special Appeals reversed the circuit court's dismissal of the estates' claims against CSR Limited for lack of personal jurisdiction and remanded for further proceedings, ruling for the plaintiff estates.
• John Crane, Inc. v. Puller (2006). The Court of Special Appeals affirmed the jury verdicts for the Cichy plaintiffs against John Crane, Inc. and for the Puller plaintiffs against Garlock Sealing Technologies, but remanded so the statutory cap could be removed from the loss of consortium awards; the cap on the wrongful death awards was upheld.
• Benjamin v. Union Carbide Corporation (2005). Affirmed summary judgment for Union Carbide and Georgia Pacific on the survival action as time-barred, but reversed it on the wrongful death action and remanded, so Elsie Benjamin may continue that claim.
• Owens-Illinois, Inc. v. Cook (2005). The Court of Appeals of Maryland affirmed the judgment for the Gianottis against Owens-Illinois, holding that the damages cap did not apply, the loss of consortium claim could proceed, the release reserved the mesothelioma claim, and the verdict was properly reduced for the Babcock & Wilcox settlement.
• Owens-Illinois, Inc. v. Hunter (2005). The Court of Special Appeals affirmed the Baltimore City judgment: it rejected Owens-Illinois's challenges to the evidence and to the consortium award, and rejected Ms. Hunter's cross-appeal challenging the remittitur and the wrongful death damages cap.
• Wajer v. Baltimore Gas and Electric Company (2004). The Court of Special Appeals affirmed summary judgment for Baltimore Gas and Electric Company against Anthony and Frances Wajer, holding BGE owed no duty under Restatement §§ 414 or 343 and that the other theories were not preserved.
• Garlock v. Gallagher (2003). The Court of Special Appeals affirmed the jury verdicts and the evidentiary and trial-management rulings for the plaintiffs, but reversed the Gallagher judgment calculation in favor of John Crane, Garlock and Anchor on the stipulated dismissal of the cross-claims, and remanded the Tamburrino calculation in Garlock's favor.
• Owens-Illinois v. Gianotti (2002). The Court of Special Appeals affirmed the judgments for John Gianotti and his wife against Owens-Illinois, rejecting its challenges, and also rejected the Gianottis' cross-appeal over the reduction of their judgments for the Babcock & Wilcox default and settlement.
• Hollingsworth v. Connor (2000). The court reversed the judgment against Hollingsworth & Vose for lack of personal jurisdiction in Maryland, affirmed the rulings favoring Connor against Lorillard on the jury instructions, expert testimony, sufficiency of evidence and spoliation, and remanded on the noneconomic damages cap and settlement credits.
• Owens Corning v. Bauman (1999). The Court of Special Appeals affirmed in part and reversed in part: it upheld the admission of Dr. Hammar's testimony, the refusal to amend the ad damnum clause, the refusal to submit punitive damages, and the denial of remittitur for excessiveness, but remanded so a new jury could decide when Hammond's mesothelioma arose for purposes of the noneconomic damages cap, which went against Owens Corning on the standard but partly for it on the jury question.
• Owens Corning v. Walatka (1999). The court reversed the trial court's refusal to apply Maryland's noneconomic damages cap to the Walatka verdicts, ruling for Owens Corning and Owens-Illinois, and remanded to apply the cap to all claims; it affirmed the Adams judgments against Owens Corning, ruling for the Adams plaintiffs.
• Porter Hayden Company v. Wyche (1999). The Court of Special Appeals vacated the judgment for the Wyches against Porter Hayden and remanded with instructions to apply the statutory cap on noneconomic damages, because the Wyches failed to show the cancer arose before the cap's effective date.
• ACandS v. Abate (1998). The Court of Special Appeals reversed the judgments for the trial plaintiffs against U.S. Mineral, against Stebbing, and for Goodman and Morrow against Hampshire for insufficient evidence. It vacated the Theis and Glensky judgments against Hampshire for an instruction error, ordered Ciotta's award cut to the $350,000 cap, ordered reformed starting dates on two verdict sheets, and otherwise affirmed for the plaintiffs against Rapid-American and Crane.
• Adams v. Owens-Illinois (1998). The Court of Special Appeals affirmed the Baltimore City jury verdicts, which were for the defendants in seven cases and for the plaintiffs in the Parsons and Drebing mesothelioma cases, and ordered the appellants to pay costs.
• Ford Motor v. Wood (1998). The Court of Special Appeals reversed the judgment for Mrs. Wood against Ford Motor Company for insufficient proof that her husband was exposed to Ford's brake and clutch products, and affirmed the judgment for the Grewe plaintiffs.
• Anchor Packing Co. v. Grimshaw (1997). The appeals court held that the statutory cap on noneconomic damages applies to the wrongful death awards in Zumas and McCaffery, but not to the personal injury and consortium awards. It ordered Grimshaw's medical-expense award cut to the stipulated amount and reversed the judgment against Hopeman Brothers. It otherwise affirmed the judgments for the plaintiffs against Anchor and Owens-Corning.
• Owens-Corning Fiberglas Corp. v. Baltimore City (1996). The Court of Special Appeals reversed the $2,600,000 punitive damages award against Owens-Corning for lack of proof of actual knowledge, affirmed the compensatory award for the City of Baltimore, and rejected the juror-misconduct claim.
• ACandS, Inc. v. Asner (1995). The Court of Special Appeals affirmed the Baltimore City jury judgments for the Asner, Wilson and Payne plaintiffs against insulation contractors ACandS and Porter Hayden, including the punitive damages and the consortium and solatium awards.
• Eagle-Picher Industries, Inc. v. Balbos (1990). The Court of Special Appeals reversed the punitive damages awards for the Knuckles estate against Eagle-Picher and Owens-Illinois and affirmed all other judgments for the plaintiffs against the manufacturer and installer defendants.