 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eagle-Picher Industries Inc. v. Balbos8/29/1990
>
In light of the overwhelming public interest in ensuring fair and efficient adjudication of these asbestos cases, we hold that the trial court properly -- and not arbitrarily -- exercised its discretion in not allowing testimony by a witness whose name was not included in the pre-trial order. See Butkus v. McClendon, 259 Md. 170, 173, 269 A.2d 427(1970).
2.
The trial court erred in failing to order a new trial because the jury's verdicts were inconsistent as a matter of law.
With respect to both Balbos and Knuckles, the jury found (1) that the decedents' deaths were caused by
appellants' negligence, and (2) that the decedents' deaths were not caused by appellants' unreasonably dangerous products. Appellants Owens-Illinois, Pittsburgh Corning, ACandS, and Porter Hayden argue that they could not consistently have been found to have acted negligently with respect to the use of products which the jury also concluded were not unreasonably dangerous in the absence of any warning. They contend, therefore, the trial court erred in denying appellants' motion for a new trial on the grounds that the jury's verdicts were inconsistent as a matter of law. Assuming arguendo, that the verdicts were inconsistent, we hold that the trial court properly denied appellants' motion.
Inconsistent jury verdicts generally are not sufficient grounds for an appellate court to reverse a jury's verdict. Steffey v. State, 82 Md. App. 647, 573 A.2d 70(1990). As the Court of Appeals stated in Mack v. State, 300 Md. 583, 594, 479 A.2d 1344(1984), "That the verdict may have been the result of compromise, or of a mistake on the part of the jury, is possible. But verdicts cannot be upset by speculation or inquiry into such matters." (quoting Justice Holmes in Dunn v. United States, 284 U.S. 390, 394, 52 S.Ct. 189,
76 L.Ed. 356(1932)). See also Ford v. State, 274 Md. 546, 337 A.2d 81(1975).
In so holding, we realize that this precedent has previously been applied by Maryland courts only in criminal cases. We believe, however, that the rationale for this principle is equally valid when applied in civil actions. Here too, we are reluctant "to interfere with the results of unknown jury interplay" at least without proof of "actual irregularity." See Ford, 274 Md. at 553, 337 A.2d 81. We recognize that inconsistency may be the product of lenity, mistake, or a compromise to reach unanimity. The continual correction of such matters would undermine the historic role of the jury as the arbiter of questions put to it. See Shell v. State, 307 Md. 46, 54, 512 A.2d 358(1986).
3.
The trial court erred in failing to direct judgment for Porter Hayden Company in that there was insufficient evidence that decedent Knuckles was exposed to any product for which this appellant is legally responsible.
On the issue of proximate cause, the plaintiff must introduce evidence "which affords a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a substantial factor in bringing about the result." Robin Express Transfer, Inc. v. Canton R.R., 26 Md. App. 321, 335, 338 A.2d 335(1975). Porter Hayden contends that appellees failed to present
sufficient evidence that Knuckles was exposed to the company's products. Thus, Porter Hayden argues, appellees failed to prove that the pr
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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|