Owens Illinois vs. Harry Cook Mesothelioma Case: Procedural Background

Read the Maryland Appeals Court opinion in Owens Illinois vs. Cook, where the procedural background of the case 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.

Five asbestos-related personal injury claims were tried jointly in the Circuit Court for Baltimore City. The plaintiffs were John Gianotti and his wife, Shirley, along with the personal representatives and widows of Harry Cook, Sr.; Aristide Nardone; Donald R. Schrader; and George E. Worthen. In each case the actions were brought against numerous defendants, including Owens-Illinois and ACandS, Inc. The plaintiffs claimed damages for the development of mesothelioma, which resulted from asbestos exposure. At the time the cases were submitted to the jury, ACandS was defending all five cases, but Owens-Illinois was defending only the Gianotti case.

The jury returned verdicts against Owens-Illinois and ACandS in the Gianotti case, awarding Mr. Gianotti $5,500,000 in damages, and Mr. and Mrs. Gianotti $1,000,000 (jointly) for loss of consortium. Judgments were also entered against ACandS in the four other cases.

As a result of post-trial proceedings, the court entered judgments on November 1, 2000. The judgments in favor of the Gianottis were reduced by the pro rata releases of adjudicated joint tort-feasors, and a default judgment against Babcock and Wilcox Company, a third-party defendant in the Gianotti case. Reductions were also made pursuant to confirmed plans of reorganization of several bankrupt defendants. In pertinent part, the court ultimately entered judgments as follows:

Gianotti Case as to ACandS and Owens-Illinois Jointly
$1,050,499.71 John Gianotti
175,653.74 John & Shirley Gianotti for loss of consortium

Post-judgment motions were filed by ACandS and Owens-Illinois. Those motions included ACandS’s and Owens-Illinois’s motions for JNOV and for a partial new trial, which were denied on January 9, 2001. Appeals were filed by ACandS and Owens-Illinois. A timely cross-appeal was then filed by the plaintiffs in the Cook, Nardone, and Gianotti cases. Subsequent to oral argument before us, ACandS settled with the plaintiffs and dismissed its appeal.

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