MESOTHELIOMA CASE
Owens Illinois vs. Harry Cook: Trial Court Motion for Mistrial

Read the Maryland Appeals Court opinion in Owens Illinois vs. Cook, where Owen-Illinois’ Motion for Mistrial is 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.

III. Did the Trial Court Abuse Its Discretion in Denying Owens-Illinois’s Motion for Mistrial?

Section 11-108(d) of the Courts and Judicial Proceedings Article, which is a part of the cap statute, provides that “the jury may not be informed of the limitation [on noneconomic damages] imposed by subsection (b)” of section 11-108.

After a two and one-half week trial, counsel for the Gianottis, in closing argument, made the following remarks:

Ask yourselves if he [expert called by the defendants] is qualified, first of all, to render that opinion, and if he can render the opinion without knowing something about when the disease occurred in these fellows’ cases.

And by that I mean when it was diagnosed and when the symptoms first appeared. He didn’t know any of that, but the opinion was still offered.

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