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Ragin v. Porter Hayden Co.6/29/2000
dates assigned by the jury in Abate II as a line of demarcation; no liability attached when the last exposure to asbestos preceded the date assigned by the jury. On the other hand, the jury in that case was instructed on the continuing duty to warn, and the issue that we confront here was not specifically raised in the appeal of Abate II.
Accordingly, we conclude that the record presented to the motion court was inadequate to enable the court fully and fairly to construe the verdict in Abate I. Therefore, a remand is appropriate.
In ordering a remand, we do not suggest that the court's interpretation of the jury verdict will necessarily prove incorrect. Indeed, what the jury meant may ultimately come down to the court's best guess. Our concern, however, is that the court was not provided with adequate, relevant information that might have been gleaned from the Abate I trial to assist the court in determining whether the continuing duty to warn was included as part of the negligence or strict liability claim. For the purpose of the motion, the parties should submit information gleaned from their review of the record relevant to whether the issue of a continuing duty to warn was, indeed, raised by appellant as a basis for its claim and submitted to the jury for its consideration. Pertinent information could include the jury instructions, including those on the continuing duty to warn, the parties' theories of the case as evidenced by the record, discussions between counsel and the court about the verdict sheet, formulation of the questions used in the verdict sheet that are at the center of this dispute, jury summations elucidating the parties' understanding of the issues, pertinent portions of trial testimony and exhibits that might bear on the issue here, and post-verdict discussions between counsel and the court as to the jury's verdict and the parties' understanding of that verdict.
JUDGMENT IN FAVOR OF APPELLEE VACATED. CASE REMANDED TO THE CIRCUIT COURT FOR BALTIMORE CITY FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY APPELLEE.
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