Owens Illinois vs. Harry Cook Mesothelioma Case: Questions Presented in the Appeal

Read the Maryland Appeals Court opinion in Owens Illinois vs. Cook, where the questions raised by Owens Illinois are discussed. In this mesothelioma case, the parties argue regarding the amount of damages awarded to the surviving spouse, who did not marry the decedent until after his last known exposure to asbestos.

Other questions raised by Owens-Illinois in this appeal are:

Did the trial court abuse its discretion in failing to grant a mistrial after plaintiffs’ counsel, in closing argument, mentioned the “cap” statute?

Did the trial judge misinterpret the meaning of the release signed by John Gianotti and his wife on July 8, 1994?

The Gianottis present the following question in their cross-appeal:

Did the trial court err in reducing judgments in their favor under the UCATA [Maryland Uniform Contribution Among Tortfeasors Act] based upon a previous default judgment entered against third-party defendant, Babcock and Wilcox (“B & W”)?

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