 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Owens-Corning Fiberglas Corp. v. Garrett8/28/1996
50s, did you work in the boiler house at all at Continental?
A: Yes.
Q: In the 1950s, when you worked in the boiler house at Continental, Bill Hohman was around, wasn't he?
A: Yes.
Q: And in the 1960s, when you worked outside on the unit where all of the pipes were, Mr. Hohman was around, wasn't he?
A: Bill Hohman, William Hohman was there on every job that was even done at Continental Oil.
Q: Because that was part of his job to be there?
A: He had to give you a piece of paper to go to work.
Q: Now, when you worked in the boiler room in the "50s, was Bill Hohman around when the dust was generated from the pipecovering?
A: He had to be on every job in that boiler room."
In this way, Biden places Hohman in close proximity to the asbestos work. The testimony of Urps and Whitley, in conjunction with invoices indicating the purchase of Kaylo for the Conoco facility, are further evidence from which the jury could reasonably infer that OI Kaylo was frequently and regularly used at Conoco during the relevant time period. Finally, Dr. Roggli, an expert on asbestos-related disease, testified that, in his opinion, exposure to asbestos caused Mr. Hohman to develop the mesothelioma that killed him. Mr. Hohman's proof of substantial factor causation is similar to that offered by Ira Russell and approved in Godwin, 340 Md. at 353-55, 667 A.2d at 125-26. We hold that, under the Balbos "frequency, regularity and proximity" test, a legally sufficient case against OI was made out in the Hohman case.
D. Uniform Contribution Among Tort-Feasors Act
OI urges that this Court reject its long-standing interpretation of the Uniform Contribution Among Tort-Feasors Act ["UCATA"], Md. Code (1957, 1994 Repl. Vol.), Art. 50, ยงยง 16-24, and adopt a new definition of joint tort-feasor. We decline to do so for the reasons set forth below.
The original complaint filed in the Hohman case named twenty-four (24) defendants. Prior to trial, settlements were reached with seven of the defendants. The precise terms of the settlements were sealed by the trial judge and not made a part of the record on this appeal. We have, however, exercised our discretion under Md. Rule 8-414 (a) and reviewed the release agreements, in which certain sums of money were paid to Hohman's widow and to her estate in exchange for releasing these defendants from the suit. Additionally, the settlement agreements contained no admission of liability on the part of the settling defendants.
Not all of the defendants were willing to settle, however, and the case proceeded with Anchor Packing Co., Garlock, Inc., OCF, OI and PH as direct defendants. To review, the remaining direct defendants, in turn, brought cross-complaints against certain settling defendants, but none of the cross-claims was successful; and neither Anchor Packing nor Garlock was found liable by the jury, leaving only OCF, OI and PH as liable defendants.
OI, as one of the three liable defendants, would have us offset the previously negotiated settlements against the compensatory damages awarded in the Hohman case. The theory underlying this proposal is deceptively simple. The jury valued the Hohman family's injuries at $1.5 million. If the estates of the Hohmans were allowed to keep both the $1.5 million from the jointly and severally liable defendants (OCF, OI, and PH), and the settlement payments obtained from the cross-defendants, the recovery would exceed the jury's valuation of the injuries. In OI's opinion, such a scenario is unfair to the liable defendants, and the perceived unfairness could be easily
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|