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Eagle-Picher Industries Inc. v. Balbos8/29/1990
"substantial factor" in the context of asbestos-related diseases.
6. Plaintiffs failed to present legally sufficient evidence to establish that the defendants' failure to place warnings on their products amounted to negligence.
7. The trial court erred in refusing to instruct the jury in respect to the defense of contributory negligence.
8. The trial court erred in refusing to instruct the jury that the focus of their analysis of allegedly culpable conduct should be confined to conduct at and before plaintiff's last mesothelioma-producing exposure to asbestos.
9. The trial court erred in failing to give appellant's requested instructions on the sophisticated user defense and superseding cause.
10. Plaintiffs failed to present legally sufficient evidence to establish that Eagle-Picher's conduct was so egregious as to support an award of punitive damages.
11. The trial court erred in denying Eagle-Picher's motion to dismiss Knuckles' claim for punitive damages in count one of his amended complaint seeking damages for negligence on grounds the complaint failed
to state a claim for punitive damages upon which relief could be granted.
12. The trial court erred in denying Eagle-Picher's motion to dismiss Knuckles' claim for punitive damages in that such claim was unconstitutional and in violation of the Maryland Declaration of Rights.
13. The award of punitive damages violates Owens-Illinois' right to due process of law by subjecting the defendant to multiple punishments for the same alleged wrong.
14. The award of punitive damages violates Owens-Illinois' right to due process of law because the standards for calculating the sum of the award gave no guidance regarding the appropriate amount of punishment.
15. The trial court erroneously deprived appellant of its right to participate in the exercise of six peremptory strikes.
16. The trial court erred in ruling that plaintiffs could read certain deposition testimony of Dr. Daniel Braun and in ruling inadmissible other inconsistent deposition testimony of Dr. Braun offered by Eagle-Picher.
17. The trial court erred in ruling that conservation orders published in the Federal Register regulating use of asbestos from 1942 to 1945 could not be presented to the jury.
18. The trial court erred in ruling that documentary evidence from the Asbestos Textile Institute was admissible against Eagle-Picher.
19. The trial court committed an abuse of discretion by admitting into evidence a videotape depicting Leslie Balbos on his deathbed.
20. The trial court erred in denying defendants' motion for judgment in respect to Anne Balbos's wrongful death claim since plaintiff failed to present legally sufficient evidence to establish the amount of damages
to which the Estate of Anne Balbos was entitled on account of Leslie Balbos's death.
We shall reverse the judgments for punitive damages in favor of the estate of Sutton Knuckles. We shall affirm all remaining judgments.
1.
The trial court erred in excluding the testimony of Professor Howard Ayer.
The sanctity, indeed the future, of the pre-trial order (in mass tort litigation) is at stake in this case. The question before us is whether the trial court erred by not allowing Professor Howard Ayer to testify because his name was not among the witnesses listed in the final pre-trial order.
The Proceedings
The "master" pre-trial order for this case was filed in 1987. The order included, inter alia, a list of witnesse
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