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Wilson v. John Crane2/10/2005
This case raises questions relating to the discretion of a trial court when a defendant corporation in asbestos litigation seeks the withdrawal or amendment of admissions that were conclusively established due to that defendant's failure to respond to plaintiffs' request for admissions within the prescribed time frame.
The instant appeal involves a personal injury asbestos case that was tried before a jury in the Circuit Court for Baltimore City, beginning on June 26, 2002. Catherine Wilson, surviving spouse, and other immediate family members (collectively, the "petitioners") brought suit against various defendant corporations involved in asbestos-containing product production and/or installation for injuries allegedly sustained as a result of Paul J. Wilson's exposure for over forty years to asbestos while employed at certain job sites in Maryland. These defendant corporations included Garlock, Inc. ("Garlock"), John Crane, Inc. ("Crane") and AC&S, Inc. ("AC&S").
As stated, the case was tried before a jury beginning on June 26, 2002. On July 18, 2002, the jury returned verdicts against Garlock, Crane and AC&S and awarded damages in the amount of $2,775,706.75, jointly and severally. Judgment was entered on July 25, 2002, subject to the filing of post-trial motions. All post-trial motions were denied on September 19, 2002. The Final Judgment Order was ultimately entered on December 19, 2002.
Garlock thereafter appealed the decision of the trial court to the Court of Special Appeals and, on May 25, 2004, in an unreported opinion, the intermediate appellate court vacated the judgment of the trial court, finding that the trial court had committed an abuse of its discretion when it refused, by an Order dated June 24, 2002 (one day before the scheduled start of trial), to grant Garlock's motion for leave to withdraw or amend certain admissions that Garlock was held to have made because of its failure to respond in a timely fashion to a request for admissions made by petitioners. As a result of this holding, the Court of Special Appeals further held that the judgment against Crane should be vacated as well, stating, in regard to the question of "whether the judgment in favor of [petitioners] ought to stand against Crane alone," that "we believe it is fairer to Crane to send the entire Wilson case back for retrial" (alteration added). Petitioners thereafter filed a Petition for Writ of Certiorari to this Court. On October 6, 2004, we granted the petition. Wilson v. John Crane, Inc., Md. , A.2d (2004). Petitioners present three questions for our review:
"1. Does the decision of the Court of Special Appeals, which vacated the judgment against Crane because of `error' in the trial against Garlock, contravene the prevailing rule of the joint and several liability of joint tortfeasors?
1. Even if the `fairness' standard announced by the Court of Special Appeals were appropriate, did the decision below apply the standard unfairly and reach an unfair result?
2. Did the Court of Special Appeals err in holding [the trial court's] ruling on Garlock's admissions to be prejudicial abuse, and not a fair exercise, of the trial court's discretion?" [Alterations added.]
We hold that the trial court, in disallowing Garlock leave to withdraw or amend certain admissions deemed to have been conclusively established by default, did not commit an abuse of its discretion. The trial court specifically found that petitioners would suffer prejudice if Garlock was allowed to withdraw or amend its admissions, as Garlock did not bring its motion to withdraw or amend until after discovery was closed and the trial was scheduled to begin within days
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