 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eagle-Picher Industries Inc. v. Balbos8/29/1990
r if the dangerous condition causes the chattel to cause harm, Restatement, Torts Sec. 399, and such a vendor, like a manufacturer, is subject to liability if, although ignorant of the dangerous character or condition, he could have by the exercise of reasonable care discovered it by utilizing the peculiar opportunity and competence which he has or should have as a dealer in such chattels. Restatement, Torts Sec. 402 . . . .
The predecessor of Porter Hayden, the H.W. Porter Company, was founded by former members of Johns-Manville. The company generally acquired its asbestos-containing materials from Johns-Manville.
Dr. Barry Castleman testified that a 1930 publication called Asbestos Magazine included an article on pulmonary asbestosis. According to Castleman,
hat the article says is that some attention is being given by the U.S. Bureau of Labor Statistics of the Department of Labor to pulmonary asbestosis, a disease resulting from exposure to asbestos dust. The bureau urges the establishment of efficient exhaust systems and the introduction of other safety methods.
It goes on to say the disease has been noted in England and much has been written concerning it but this is the first time to our knowledge that it has been officially discussed in this country.
They then go on to talk about British sources describing clinical and chest x-ray appearance in fifteen cases of pulmonary asbestosis and concludes by saying it is said that asbestos dust causes a pulmonary fibrosis attacking the bases of the lungs and like silicosis it is frequently complicated by tuberculosis . . . .
Dr. Castleman testified that a number of companies that mine and manufacture asbestos products, including Johns-Manville, had advertised in that issue of Asbestos Magazine. We believe a reasonable inference could then be drawn that Johns-Manville knew or should have known of the contents of this article. A jury also could reasonably infer that Porter Hayden could have discovered this information about the hazards of asbestos "by utilizing the peculiar opportunity and competence which has or should have as a dealer in" asbestos-containing products. Woolley, supra. The discovery could have come through discussions with its primary supplier, Johns-Manville, or through reading the article itself. The trial judge did not err in denying Porter Hayden's motion for judgment in the Balbos case.
B. Cause-in-Fact
Most of the appellants point out that there was no evidence that Sutton Knuckles, as an "erector," personally worked with any asbestos-containing insulation products, or that he ever saw the cartons or containers in which appellants' products were delivered to the shipyard. Thus, the appellants argue, " here simply is no rational basis from which it can be inferred that warnings on appellant[s'] products or product containers would effectively warn and protect Mr. Knuckles from airborne asbestos fibers emitted by appellant[s'] product during use."
Celotex makes a similar argument, but its argument appears to apply to both Knuckles and Balbos. All of the appellants, therefore, contend that the appellees failed to provide sufficient evidence that appellants' failure to place warnings on their asbestos-containing products was a cause-in-fact of the decedents' injuries.
Appellees respond by arguing that if the appellants had placed warnings on their asbestos-containing products, insulators and others working directly with these materials would have been prompted to wear protective equipment. According to appellees, Knuckles would have seen the insulators
with their protective equipment and taken 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.
|
|