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United States Gypsum Co. v. Mayor and City Council of Baltimore

9/12/1994

80 Md. App. 387, 393, 564 A.2d 82, 85 (1989), cert. denied, 318 Md. 514, 569 A.2d 643 (1990); McLain, Maryland Evidence, supra, § 103.12, at 33. See also Rainville v. State, 328 Md. 398, 402-403, 614 A.2d 949, 951 (1992).


In this case, the defendants did object to the introduction of the Oliver survey at the proper time. What the defendants failed to do, however, was to mention relevance


when specifically asked by the court to delineate the grounds for the objection. "It is, of course, well settled that 'where specific grounds are delineated for an objection, the one objecting will be held to those grounds and will ordinarily be deemed to have waived grounds not specified.'" Thomas v. State, 301 Md. 294, 328, 483 A.2d 6, 23 (1984), cert. denied, 470 U.S. 1088, 105 S.Ct. 1856, 85 L.Ed.2d 153 (1985); Jackson v. State, 288 Md. 191, 196, 416 A.2d 278, 282 (1980); State v. Kidd, 281 Md. 32, 38-39, 375 A.2d 1105, 1109-1110, cert. denied, 434 U.S. 1002, 98 S.Ct. 646, 54 L.Ed.2d 498 (1977); von Lusch v. State, 279 Md. 255, 263, 368 A.2d 468, 471 (1977); McLain, Maryland Evidence, supra, § 103.8, at 27-28.


Moreover, had the issue of relevance been preserved for our review, Asbestospray's argument would be without merit. Dr. Oliver's study concluded that the examined custodians had a "[pleural plaque] prevalence . . . in excess of background." The study also concluded that these plaques "are attributable to asbestos exposure in schools." It has been recognized that "pleural plaques are the most common manifestation of exposure to asbestos." Wright v. Eagle-Picher, 80 Md. App. 606, 610 n. 2, 565 A.2d 377, 379 n. 2 (1989). Fundamental to the City's case was the claim that the presence of asbestos in building materials places occupants at risk of developing asbestos-related disease. The Oliver study, which demonstrated that Boston school custodians had been exposed to sufficient amounts of asbestos to cause pathological changes, properly aided the City in establishing this point.


C.


Asbestospray challenges, on hearsay grounds, the admission of two additional studies concerning the incidence of asbestos-related disease among workers in public buildings. The first, authored by Dr. H. Anderson, involved a Wisconsin study of mesothelioma among public employees. The second was an investigation into asbestos-related disease among custodians in the Los Angeles School District by Drs. J. Balmes and K. Kilburn. Asbestospray argues that these reports were improperly admitted through the testimony of Dr. Oliver, because,


it claims, Dr. Oliver did not participate in either of the studies and did not rely upon them in reaching her own expert opinion.


An expert may give an opinion based on facts contained in reports, studies, or statements from third parties, if the underlying material is shown to be of the type reasonably relied upon by experts in the field. Hartless v. State, 327 Md. 558, 578-579, 611 A.2d 581, 591 (1992); Ellsworth v. Sherne Lingerie, Inc., 303 Md. 581, 602-603, 495 A.2d 348, 359 (1985); Attorney Grievance Comm'n v. Nothstein, 300 Md. 667, 679-684, 480 A.2d 807, 813-816 (1984); Consol. Mech. Contractors v. Ball, 263 Md. 328, 335-339, 283 A.2d 154, 157-159 (1971); McLain, Maryland Evide

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