Owens Illinois vs. Harry Cook Mesothelioma Case: Issues Resolved by Scribner

Read the Maryland Appeals Court opinion in Owens Illinois vs. Cook, where the issues resolved in this case by the applicability of Scribner 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.

Owens-Illinois contends that the trial judge erred by denying their motions for judgment as to the cap issue, as well as their later post-trial motions. According to Owens-Illinois, those motions should have been granted because (a) the Gianottis failed to prove that their claims “arose” before July 1, 1986, and (b) the court wrongfully allowed counsel for the Gianottis to introduce expert testimony and to argue to the jury that the Gianottis’ injuries “arose” prior to July 1, 1986.

The law applicable to appeals is that existing at the time the case is decided. See American Trucking Ass’n, Inc. v. Goldstein, 312 Md. 583, 591 (1988). The brief of Owens-Illinois, as well as the amicus brief filed by the Maryland Defense Council, Inc., were well-researched and their arguments were persuasively presented. Unfortunately, those briefs were filed several months before June 13, 2002 – the date the Scribner case was decided.

Although the jury in the case at hand decided that Mr.Gianotti was injured prior to July 1, 1986, it was unnecessary for the jury to even consider that issue because it was undisputed that the last date of asbestos exposure of Mr. Gianotti was before July 1, 1986. Applying the dictates of the Scribner case to the facts of this case, the plaintiffs met their burden of proof as to the cap issue. No evidentiary ruling concerning expert testimony as it related to the issue of when the worker’s injury arose could possibly have prejudiced Owens-Illinois because, under Scribner, the cap statute was inapplicable as a matter of law. See Bradley v. Hazard Technology Co., 340 Md. 202, 206 (1995) (explaining that to succeed on appeal, the appellant must show not only error but must show, as well, that prejudice resulted from that error.)

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