Maryland Appeals Court Orders New Trial, May Cap $2.2 Million Awarded Mesothelioma Victim

ANNAPOLIS, Md. - A Maryland appeals court has directed a second trial be held to pinpoint when the asbestos-related mesothelioma suffered by a former cigarette smoker developed, in order to determine whether the $2.2 million awarded him by a jury is subject to a statutory non-economic damage cap. Hollingsworth & Vose Co., et al. v. Connor, No. 1489 (Md. Ct. Spec. App.).

In its Dec. 28 decision, the three-judge panel remanded the case to determine when the mesothelioma, and not the cell change that preceded it, started. Determining the date will allow the court to properly apply Maryland's cap statute, …