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Hollingsworth & Vose Company v. Connor11/1/2000
REPORTED
A jury in the Circuit Court for Baltimore City awarded appellee, Charles M. P. Connor, $2.225 million dollars for damages resulting from mesothelioma induced from the asbestos in Kent cigarettes; appellee died two months later. Appellants, Hollingsworth & Vose Company ("H&V;) and Lorillard Tobacco Company ("Lorillard"), promptly appealed from that judgment, and present the following questions, which we have rephrased, renumbered, and consolidated for clarity:
1. Did the trial court err, as a matter of law, in denying H&V;s motion to dismiss for lack of personal jurisdiction, because of the lack of contracts of H&V;and its subsidiary with the State of Maryland.
2. Did the trial court err, as a matter of law, by instructing the jury that it could not consider plaintiff's exposure to the asbestos-containing products of non-parties?
3. Did the trial court err, as a matter of law, by instructing the jury that H&V;and Lorillard had a post- sale continuing duty to warn about the potential danger of a perishable consumer product?
4. Did the trial court err, as a matter of law, by refusing to include a state of the art instruction on the jury verdict form?
5. Did the trial court err in allowing Dr. Dement to testify concerning the work of Dr. Longo, because such testimony lacked foundation and was both hearsay and deficient, and further err in allowing Dr. Dement to offer opinions outside his area of expertise based on this improperly admitted evidence?
6. Did the trial court err in both its instructions and special verdict form with respect to application of the Cap Statute and, furthermore, err in denying the defendants' post-trial motion with respect to the issue?
7. Did the trial court err in denying defendants' motion for judgment and/or for new trial, when plaintiff had produced insufficient evidence that the original Kent filter caused his disease?
8. Did the trial court err in denying defendants' post-trial motion to dismiss, or, in the alternative, to exhume plaintiff's body?
9. Did the trial court err in denying defendants' post-trial motion seeking appropriate credits under the Uniform Act?
We answer "yes" to question 1, remand as to questions 6 and 9, and answer "no" to questions 2, 3, 4, 5, 7, and 8. We explain.
Facts
Appellee was diagnosed with mesothelioma in June of 1997 and died as a result of this disease on July 3, 1999. Testimony adduced that appellee's mesothelioma was induced by his exposure to asbestos, although there was divergence as to whether his mesothelioma was caused by the asbestos contained in Kent cigarettes or the occupational asbestos to which he had been subjected. Appellee initially sued 27 "occupational defendants" that manufactured, distributed, or installed asbestos and/or asbestos-containing industrial or commercial products. Appellee alleged that he contracted mesothelioma because he was occupationally exposed to asbestos and asbestos-containing products for 25 years while working as an assembly man and electronics technician at an aircraft manufacturing facility.
Appellee later amended his complaint to include both appellants, contending that his mesothelioma was also substantially induced due to smoking Kent cigarettes from 1952 through 1956, at a time when these cigarettes contained crocidolite asbestos as one of the components in their filters. Lorillard manufactured and distributed the Kent brand cigarettes, and H&V;manufactured the crocidolite asbestos filter used in the Kent cigarettes. When trial commenced, only four defendants remained. During jur
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