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United States Gypsum Co. v. Mayor and City Council of Baltimore9/12/1994
plicitly instructed that "documents admitted as to fewer than all Defendants are so identified.
"You will be told what each [color-coded sticker] represents and so forth. . . . When you are deliberating, look for
the notations on each exhibit which indicates whether the exhibit was admitted only for a limited purpose and only as to a specific Defendant. These documents or exhibits will be so noted."
Since the Saranac documents were clearly only admitted against United States Gypsum, and since United States Gypsum is no longer a party to this appeal, we need not decide whether the Saranac documents would constitute appropriate state of the art evidence against Asbestospray.
IV.
United States Gypsum, in its brief and oral argument in this Court, contended that, as a matter of law, the City had assumed the risk when it chose to install Gypsum's asbestos-containing fireproofing products in the City's police headquarters building. Construction on the police headquarters building began in 1971 and was completed in 1972. Gypsum alternatively complained about the trial court's jury instructions concerning Gypsum's assumption of the risk argument with respect to the police headquarters building. Both of Gypsum's assumption of the risk arguments were entirely limited to the police headquarters building.
Asbestospray raised no assumption of the risk issue in its briefs or oral argument in this Court. Nevertheless, in its reply brief, Asbestospray concluded by asserting that it "adopts and incorporates all of the arguments advanced by the other appellants in their briefs" (Asbestospray's reply brief at 13). After United States Gypsum settled with the City and dismissed its appeal, Asbestospray in a letter to the Court stated that it has "expressly adopted and continues to press" United States Gypsum's argument as to, inter alia, "the defense of assumption of risk."
Asbestospray has no standing to press United States Gypsum's assumption of the risk argument relating to the police headquarters building. No Asbestospray products were installed in the police headquarters building. The City's compensatory and punitive damages claims against Asbestospray
did not involve the police headquarters building, and the jury's awards against Asbestospray were not based on anything relating to the police headquarters building.
V.
Asbestospray raises several evidentiary issues concerning medical and scientific evidence that was admitted at trial. The purpose of this evidence was to establish the defective and dangerous qualities of asbestos-containing building materials generally, and of the specific Asbestospray fireproofing product installed in some of the City's buildings.
A.
Asbestospray first contends that the trial court erred in permitting Dr. S. Levin to testify as to the results of a clinical survey which he and Dr. I. Selikoff conducted regarding the incidence of asbestos-related disease among New York City school custodians. Asbestospray argues that the expert testimony was inadmissible because, according to Asbestospray, it did not have access to any of the underlying data contained in the custodian study. Asbestospray states that, without this background information, it was unable meaningfully to cross-examine Dr. Levin at trial.
Citing Lynn McLain, Maryland Evidence ยง 1006.1 (1987), Asbestospray frames the issue as one involving the law on summaries of evidence. Asbestospray characterizes the study as a summary of background evidence which is so voluminous as to make impractical its proof on an individual basis. Asbestospray argues that such summar
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