Appeals Court Reverses Summary Judgement Award on Wrongful Death Claims

BALTIMORE -- A Maryland Appellate Court has affirmed in part summary judgment to several asbestos defendants based on statute of limitations grounds, but reversed summary judgment on survivors' wrongful death claims. Benjamin, et al. v. Union Carbide, et al., No. 959 (Md. Ct. Sp. App.).

In a May 3 opinion, the Maryland Court of Special Appeals opined that although the decedent had notice of the cause of his mesothelioma, that does not mean the surviving plaintiffs did.

'Although we conclude that the decedent was aware of his asbestos exposure and that he had mesothelioma, and that this was sufficient to …