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Maryland Appellate Court Rejects Appeal by Asbestos Drywall Contractor in Bank Manager’s Mesothelioma Lawsuit

The Maryland Court of Special Appeals has rejected an appeal by a drywall contractor who is attempting to avoid paying a mesothelioma victim (plaintiff) the more than $2 million dollars it was ordered to pay. Per the Circuit Court for Baltimore City, the plaintiff brought the suit against the drywall contractor (defendant) “alleging that his exposure to asbestos-containing products used by the company during construction at his workplace in 1974 caused the malignant pleural mesothelioma with which he was diagnosed with in 2013.” The plaintiff’s doctors predicted he would die within 18 months.

The plaintiff filed suit against the company in July 2014, alleging that his regular and frequent exposure to the asbestos-containing dust from the company’s sanding and clean-up of the drywall work on the fourth floor of Union Trust Bank, where he worked as a manager in 1974, was a substantial contributing factor in the development of his mesothelioma.

The drywall contractor moved for summary judgment, but after a hearing on the matter, the trial court denied the company’s motion. The plaintiff testified that he was exposed to visible dust from the drywall sanding on a daily basis, and he had to wipe it off his desk and clothes numerous times each day.

Following the trial, a jury returned a verdict in favor of the plaintiff, awarding him $8,114,166.79 in compensatory damages. The trial court entered a final judgment of $2,682,847.26. The drywall contractor filed post-trial motions for judgment notwithstanding the verdict (“JNOV”), a new trial, and/or remittitur. The court denied the company’s post-trial motions, except for the reduction of the judgment to more than $2.6 million. The company filed an appeal.

Recently, the Maryland Appellate Court affirmed the more than $2.6 million judgment against the drywall contractor, finding that there was sufficient evidence to support the plaintiff’s claims. The Court concluded that the evidence “sufficiently identified” the defendant “as the drywall contractor” for the plaintiff’s jobsite.

The company was ordered to pay the plaintiff, compensating him for his medical expenses, pain and suffering and other damages, as well as for the costs of litigating the appeal that the company filed.

If you have been exposed to asbestos, see your doctor right away. Although there is no cure for mesothelioma, early detection could lead to better treatment options and outcomes. Talk to your doctor about your risk today.

 

Sources

Circuit Court for Baltimore County. 06 Jul. 2018. Web. 15 Nov. 2018.

"Md. Appellate Court Affirms $2.6 Million Judgment Entered in Asbestos Case Against Drywall Contractor." HarrisMartin.com. HarrisMartin Publishing, 07 Jul. 2018. Web. 15 Nov. 2018.