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Christensen v. Philip Morris USA Inc.6/8/2005
theless, we reversed the award of summary judgment as to the wrongful death claims of the wife and children, holding that "express knowledge of the diagnosis of mesothelioma alone was insufficient to satisfy, as a matter of law, the inquiry notice requirement." Id., slip op. at 3; see also id. at 39. We reasoned that "there no evidence that the express knowledge of the [wife] or that of the surviving children was more than the diagnosis of mesothelioma...." Id. In reaching our result, we also said: "Significantly, not only is there no evidence that [the wife] had express knowledge of a causal connection between mesothelioma and asbestos, there is no evidence that had express knowledge that the decedent had been exposed to asbestos...." Id., slip op. at 10.
Writing for the Court, Judge James Eyler explained:
Although appellant and the other beneficiaries had express knowledge, no later than 1997, that the decedent's death was due to mesothelioma, we hold that that knowledge alone is insufficient, as a matter of law, to constitute inquiry notice. There is no evidence that appellant or the other beneficiaries had express knowledge of the decedent's asbestos exposure prior to late 2001. We reach this conclusion because, in our view, the knowledge must be such as to prompt a reasonable person to inquire as to a possible connection between the injury and causative factors. While knowledge of injury or disease alone may be sufficient, as a matter of law, to satisfy inquiry notice, ordinarily it is not sufficient.
The direct evidence of express knowledge in the case before us is that appellant and the other beneficiaries knew only that the cause of death was mesothelioma, prior to late 2001. As stated above, in a motion for summary judgment, the non-moving party, here appellant, gets the benefit of all reasonable inferences. Consequently, we are unwilling to infer, as a matter of law, that appellant [i.e., the widow] knew the decedent was exposed to asbestos based on her relationship with the decedent and having accompanied the decedent to health care providers. Similarly, we are unwilling to infer that appellant had any knowledge as to the nature of mesothelioma other than that it was a form of cancer. Whether such an inference(s) should be drawn, i.e., whether appellant impliedly had such knowledge, or other knowledge, is a question for the fact finder. If the fact finder were to conclude that appellant had such knowledge sometime prior to 2001, either by drawing a reasonable inference from the testimony as we know it, or by resolving a credibility determination against appellant as to what she knew when, the cause of action accrued as of that time. Thus, because knowledge of mesothelioma alone is insufficient for inquiry notice, and on the record before us, it is a fact question as to when appellant had greater knowledge, summary disposition of the wrongful death claim was inappropriate.
Id., slip op. at 39-40 (Emphasis added).
Because the circuit court did not have the benefit of our opinion in Benjamin, we shall neither affirm nor reverse the lower court's disposition of the survival and wrongful death claims based on limitations. See Md. Rule 8-604(d). Instead, as to Giant, we shall vacate the summary judgment and remand the case for further proceedings, to enable the court to reconsider its limitations ruling in light of our decision in Benjamin.
On remand, any analysis of the limitations issue must take into account the posture of the case. Maryland Rule 2-501 establishes a two-part test for summary judgment: the trial court must decide whether there is any genuine dispute as to material facts and, if not, whether either party is entitled
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