Owens Illinois vs. Harry Cook: Maryland Appeal in Mesothelioma Case

Read the Maryland Appeals Court opinion in Owens Illinois vs. Cook. 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.

This case concerns the late John Gianotti, a worker whose exposure to asbestos manufactured by appellant, Owens-Illinois, Inc. (“Owens-Illinois”), and others caused him to contract mesothelioma. Mr. Gianotti died from mesothelioma after trial but before a final judgment was entered in this matter.

Several of the important issues briefed and argued in this case were answered in a decision by the Court of Appeals in the case of John Crane, Inc. v. James Scribner, 369 Md. 369 (2002). At issue in Scribner was the applicability of the “cap” statute set forth in section 11-108 of the Courts and Judicial Proceedings Article of the Maryland Code (1998 Repl. Vol.). That statute limits the amount of noneconomic damages a plaintiff may recover in a personal injury case. The statute, however, is applicable only to causes of action that arise after July 1, 1986. A major issue presented below was whether Mr. Gianotti’s injuries “arose” – for purposes of the “cap” statute – before July 1, 1986. The jury was asked to decide that issue, and it decided that Mr. Gianotti’s injuries did arise prior to July 1, 1986. Therefore, the trial court refused to reduce the jury’s award for noneconomic damages to Mr. Gianotti or the joint loss of consortium award in favor of Mr. Gianotti and his wife.

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