STORY FROM: Asbestos
Maryland Court Tosses Lung Cancer Claims; Says Allocation of Damages Between Smoking and Asbestos Impermissible
November 16, 2016
BALTIMORE –– A Maryland state court has dismissed asbestos-related claims on assumption of risk and contributory negligence grounds, finding the plaintiffs knew of smoking-related dangers and –– since lung cancer is a single, indivisible injury incapable of apportionment –– allocation of causation or damages between smoking and asbestos was impermissible.
In the Nov. 15 order, the Maryland Circuit Court for Baltimore City concluded that there was no dispute of material fact that existed as to whether the five plaintiffs had knowledge of smoking-related risks, appreciated these dangers, and voluntarily confronted that risk.
The court held hearings related to the motions ...