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Hollingsworth & Vose Company v. Connor11/1/2000
arity, Doctor?
A: Well, I'm familiar with the publications, first of all, that looked at workers in the factory that actually made the filter, some epidemiology studies. And there is also a study by Dr. Longo published in the literature that reviewed that circumstance and also release of fibers as well.
Q: You have reviewed the Dr. Longo study?
A: I have.
Q: And the jury has heard testimony about Kent cigarette makers' attempts to reduce or eliminate mineral fiber exposure from the cigarette smoke. What does Dr. Longo's study tell us in that regard?
A: Well, Dr. Longo's studies demonstrated that these filters, these cigarette filters were -- released fibers in its experimental circumstances, so they certainly released fibers that would be in the smoke.
Q: It seems to make common sense to me, but I will ask the question anyway. If the cigarette fibers are releasing fibers in the smoke, where are those fibers going?
Mr. Geary: Your honor, I object. It is argumentative.
The Court: I will strike the portion regarding common sense. The balance is overruled.
A: Of course, smoke is designed to be inhaled. And if it comes in the smoke, it is going to be inhaled.
Q: Doctor, is the inhalation of crocidolite fibers a hazard to the health of human beings?
A: In my opinion, yes, sir.
Q: And what do you base that on?
A: The epidemiology, published information.
Q: In that scenario where the human being is inhaling the fibers directly from the cigarette filter, is there any safe level of asbestos that that individual can inhale, crocidolite asbestos, in your opinion, Doctor?
A: No. There is no - - again, there is no established threshold below which there is no risk of disease.
Appellee argues that, even if Dr. Dement's testimony was erroneously admitted over proper objections, the jury's verdict should be affirmed because it was effectively cumulative and, therefore, harmless error, as other evidence admitted at trial produced the same results. As examples, appellee cites to the testimonies by Dr. Brody and Dr. Rubin, as well as the study by the Fullam Laboratory. It is, of course, true that the erroneous admission of evidence will not justify reversal unless the complaining party can show that the admission was prejudicial. Kapiloff v. Locke, 276 Md. 466, 472, 348 A.2d 967 (1975); Klingensmith v. Snell Landscape, 265 Md. 654, 662, 291 A.2d 56 (1972); McKay v. Paulson, 211 Md. 90, 126 A.2d 296 (1956). However, it is also clear that this Court will not hesitate to reverse when hearsay evidence is erroneously admitted and prejudice is shown. Kapiloff, 276 Md. at 472. The burden of proving prejudice in a civil case is on the complaining party, here, the appellants. Klingensmith, 265 Md. at 662; M.A. Realty v. State Roads, 247 Md. 522, 527, 233 A.2d 793 (1967); State Roads Comm. v. Kuenne, 240 Md. 232, 235, 213 A.2d 567 (1965).
In the present case, we do not believe that appellants have met their burden of proving prejudice. Appellee has shown that the admission of Dr. Dement's testimony was in fact harmless error, and does not constitute grounds for reversal. We need only look to testimony by Dr. Rubin on the subject to arrive at this conclusion. The relevant portion of Dr. Rubin's testimony adduced:
Q: ...do you have an opinion to a reasonable medical certainty as to whether or not Mr. Connor's exposure to Kent cigarettes was a substantial contributing factor in his developing of mesothelioma?
A: Yes, I do.
Q: And what is your opinion?
A
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