 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eagle-Picher Industries Inc. v. Balbos8/29/1990
that appellants Eagle-Picher and Owens-Illinois had access to certain literature which discusses generally the risks to employees of prolonged exposure to asbestos products in the application and/or manufacturing process. Thus, appellee has failed to demonstrate through direct evidence that appellants had substantial knowledge of the dangers of their products and that there was gross indifference to that danger. The judgments for punitive damages against Owens-Illinois and Eagle-Picher must be reversed.
11. Punitive Damages: Failure to State Claim
12. Punitive Damages: Unconstitutionality
13. Punitive Damages: Due Process -- Multiple Punishment
14. Punitive Damages: Guidance on Amount of Award
Appellant Eagle-Picher contends that the trial court erred in denying Eagle-Picher's motion to dismiss Knuckles'
claim for punitive damages on grounds the complaint failed to state a claim for punitive damages upon which relief could be granted (Issue 11) and in denying its motion to dismiss the claim for punitive damages in that such claim was unconstitutional and in violation of the Maryland Declaration of Rights (Issue 12). Appellant Owens-Illinois also contends that the award of punitive damages violates its right to due process of law by subjecting the defendant to multiple punishments for the same alleged wrong (Issue 13), and violates its right to due process of law because the standards for calculating the sum of the award give no guidance regarding the appropriate amount of punishment (Issue 14). Because we have determined that there is insufficient evidence to support an award of punitive damages, we need not address these issues.
15.
The trial court erroneously deprived appellants of their right to participate in the exercise of six peremptory strikes.
ACandS, Owens-Illinois, Pittsburgh Corning, and Porter Hayden contend that the trial court erroneously deprived the appellants of their right to participate in the exercise of six peremptory challenges.
The right to participate in peremptory challenges is controlled by Md.Rule 2-512(h) which states:
Each party is permitted four peremptory challenges plus one peremptory challenge for each group of three or less alternate jurors to be impanelled. For purposes of this section, several plaintiffs or several defendants shall be considered as a single party unless the court determines that adverse or hostile interests between plaintiffs or between defendants justify allowing to each of them separate peremptory challenges not exceeding the number available to a single party . . . .
In the instant case, sixteen jurors (twelve plus four alternates) were needed. Thus, under Md.Rule 2-512(h) the
plaintiff party and the defendant party were each entitled to six peremptory strikes. In addition, the defendant party requested additional peremptory strikes on the basis that the defendants who installed asbestos containing products had interests adverse to the interests of the defendants who manufactured the products. The installing defendants included ACandS, Porter Hayden, and MCIC, which is not an appellant in this matter. The manufacturing defendants included Owens-Illinois and Pittsburgh Corning. Although MCIC was represented by separate counsel (Power & Mosner), the other installation and manufacturing defendants were represented by the same counsel (Whiteford, Taylor & Preston).
At the request of counsel for ACandS, Owens-Illinois, Pittsburgh Corning, and Porter Hayden and counsel for MCIC, the trial court recognized the two sub-en
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.
|
|