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United States Gypsum Co. v. Mayor and City Council of Baltimore9/12/1994
nce, supra, § 703.1, at 237-240; David F. Binder, Hearsay Handbook, § 1.01, at 615 (3d ed. 1991). In addition, the underlying reports, data, or statements themselves may be admitted into evidence for the purpose of explaining the basis of the expert's opinion. See, e.g., Ellsworth v. Sherne Lingerie, Inc., supra, 303 Md. at 603, 495 A.2d at 359; Beahm v. Shortall, 279 Md. 321, 327, 368 A.2d 1005, 1009 (1977); Wilson v. Merrell Dow Pharmaceuticals, Inc., 893 F.2d 1149, 1152-1154 (10th Cir. 1990). See also Booth v. State, 327 Md. 142, 190, 608 A.2d 162, 185, cert. denied, 113 S.Ct. 500, 121 L.Ed.2d 437 (1992); Department v. Bo Peep, supra, 317 Md. at 589, 565 A.2d at 1023.
A review of the record shows that, contrary to the defendant's view, Dr. Oliver did reasonably rely upon the Balmes, Kilburn and Anderson studies in formulating the opinions she expressed at trial. Dr. Oliver noted that she had become aware of the other custodian studies while analyzing her own data. She also testified that she was familiar with the information contained in both of the studies. Most importantly, during cross-examination it became clear that Dr. Oliver's testimony at trial had been shaped by the conclusions of Drs. Balmes, Kilburn and Anderson:
"Dr. Oliver: I think since this manuscript has been completed and published, there is additional information that has come to light that has given us a lot more information about the asbestos-containing material in buildings.
"Counsel: You're referring to some of the studies you talked about in your direct?
"Dr. Oliver: Yes."
The studies were thus properly referred to and admitted during Dr. Oliver's testimony.
D.
Asbestospray assigns as error the admission of evidence concerning Rufus McIntosh, a Baltimore City employee who was afflicted with pulmonary asbestosis. Mr. McIntosh had worked for an extended period of time as a custodian in several of the City's school buildings which contained asbestos materials. The defendant argues that, because Mr. McIntosh did not work in the particular buildings at issue in this appeal, and was not exposed to Asbestospray's fireproofing product, the McIntosh evidence was irrelevant to the issues presented in this case. Alternatively, Asbestospray contends that the relevance of the evidence was outweighed by its prejudicial effect.
As we noted above with regard to the Oliver study, a major factual issue in this action was whether or not fibers released from asbestos-containing surface treatment materials pose a health hazard to building occupants. To be relevant, however, not every item of the City's evidence relative to this risk specifically had to involve Asbestospray's product. The McIntosh evidence, like the Oliver evidence, and the Balmes, Kilburn and Anderson studies, tended to show the health risk posed to building employees by "in-place" asbestos products generally. See Mercer Univ. v. Nat'l Gypsum Co., No. CIV.A.85-126-3-MAC, (M.D. Ga. Aug. 26, 1986) ("the probative value of this testimony [regarding maintenance men] was not destroyed . . . because the asbestos products to which the maintenance men were exposed were not shown to have been manufactured by the defendants"). See also Sch. Dist. of Independence v. U.S. Gypsum, supra, 750 S.W.2d at 449 ("Even assuming there was no such linking evidence [to the defendant's product], the [custodian] evidence was admissible . . . to show the nature and seriousness of the harm posed by asbestos contamination in the Independence school
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