Dixon v. Ford Motor Co.

47 A.3d 1038, 206 Md. App. 180, 2012 WL 2483315, 2012 Md. App. LEXIS 90
CourtCourt of Special Appeals of Maryland
DecidedJune 29, 2012
DocketNo. 536
StatusPublished
Cited by3 cases

This text of 47 A.3d 1038 (Dixon v. Ford Motor Co.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. Ford Motor Co., 47 A.3d 1038, 206 Md. App. 180, 2012 WL 2483315, 2012 Md. App. LEXIS 90 (Md. Ct. App. 2012).

Opinion

MATRICCIANI, J.

On July 1, 2008, Joan Dixon and her husband, Bernard Dixon, brought suit in the Circuit Court for Baltimore City against corporations involved in the manufacturing and distribution of products containing asbestos, including Ford Motor Company, the Georgia-Pacific Corporation (“GP”), Honeywell International, Inc., and the Union Carbide Corporation (“UCC”). Following Mrs. Dixon’s death from pleural mesothelioma, Mr. Dixon pursued her claims as representative of her estate, and the Dixons’ four adult daughters joined their father as plaintiffs, who are now appellants.

Prior to trial, appellants settled with GP, Honeywell, and UCC, but Ford’s cross-claims against those defendants remained for adjudication as potential joint tortfeasors.

Ford moved in limine for a hearing to challenge appellants’ proffered expert on the issue of causation, as well as to exclude the expert’s testimony. Trial commenced on April 15, 2010, and the court denied Ford’s motions, along with certain objections Ford raised during the expert’s testimony.

On April 27, 2010, the jury returned a verdict awarding appellants a total of $15,000,000 in compensatory damages, which the court reduced to $6,065,000 in accordance with the non-economic damages cap of Maryland Code (2006), § 11-108 of the Courts and Judicial Proceedings Article (“CJ”). Ford subsequently filed post-trial motions requesting a new trial and revisions or judgments notwithstanding the verdict (“JNOV”) on both its own cross-claims and appellants’ direct [183]*183claims. The court denied Ford’s motions for new trial and JNOY, but ruled that the jury’s verdict was inconsistent and revised the judgments against Ford and GP to adjust for the latter’s contribution as a joint tortfeasor. The court entered its revised judgment in favor of appellants in the collective amount of $3,032,500.00, from which both appellants and Ford filed timely appeals.

Questions Presented

The parties’ briefs present a total of eight questions between them,1 but our opinion need only address the first of Ford’s questions presented:

I. Did the trial court err when it denied Ford’s motion to exclude appellants’ expert epidemiological opinion on “substantial contributing factor causation” where the [184]*184expert’s testimony did not quantify the probability of causation?

For the reasons that follow, we answer yes and remand the case for a new trial consistent with this opinion.

Factual and Procedural History

Joan Dixon died of pleural mesothelioma on February 28, 2009, having initiated a suit against Ford and various other entities involved in the asbestos market, including GP, Honeywell, and UCC. The complaint alleged that Mr. and Mrs. Dixon “participated in home improvement and maintenance projects throughout the 1960s and 1970s during with [sic] they worked with and around Defendants’ asbestos products,” and that “[throughout the 1950s, 1960s and 1970s, Mrs. Dixon was exposed to asbestos dust created by Mr. Dixon’s work with and around asbestos-containing automobiles and asbestos-containing replacement parts for those automobiles including ... brakes[.]” Appellants further alleged that Mrs. Dixon’s “exposure to Defendants’ asbestos containing products and asbestos containing vehicles and the inhalation of asbestos fibers from the products and vehicles caused her disease and eventual death.”

In response to interrogatories, appellants stated that they “believe Joan Dixon may have been exposed to asbestos through her and her husbands’ use of and exposure to various building materials, including but not limited to Georgia Pacific pre-mixed drywall joint compound which, upon information and belief, contained Union Carbide Corporation’s Calidria brand asbestos.” Deposition testimony established that Mrs. Dixon personally sanded joint compound and cleaned up after at least five home construction and renovation projects.2

[185]*185Appellants settled with GP, Honeywell, and UCC prior to trial. Their settlement agreements did not determine whether the defendants were joint tortfeasors, and so they remained in the case nominally as Ford’s cross-defendants, unrepresented by counsel.

Appellants sought to introduce Dr. Laura Welch as an expert in asbestos epidemiology and proffered her opinion on causation. Ford did not dispute that Dr. Welch was qualified to render expert testimony on the subject of epidemiology, but instead objected to the methods and substance of her causation opinion. The court denied Ford’s motion,3 and Dr. Welch testified on direct “that mesothelioma in particular is a dose-response disease. Every increasing [asbestos] dose increases the likelihood of getting it, [and] additional doses decrease the time it takes to get the disease as exposure goes up.” When asked to assume that Mrs. Dixon was exposed to asbestos in various other ways, Dr. Welch stated that in her opinion, [186]*186“every exposure to asbestos is a substantial contributing cause and so brake exposure would be a substantial cause even if [Mrs. Dixon] had other exposures.” On cross-examination, Dr. Welch further explained her opinion that every exposure to asbestos is a “substantial contributing cause” of mesothelioma:

Q. Now, with regard to your opinions about asbestos and causation which you have given this jury, it’s your opinion, Doctor, that each and every exposure contributes to the development of mesothelioma no matter where it comes from in asbestos exposure; is that right?
A. Right. When somebody has got mesothelioma, all the exposures they have were contributing factors, that’s my opinion.
Q. And it doesn’t matter to you whether the exposure is on a frequent basis, correct?
A. No. I mean, an exposure can be like one event. On a frequent basis, you would be talking about a task or something like that. But I think each one of those discrete exposures is a contributing factor.
Q. So it can be one event in order to be, in your view, a substantial contributing cause to the development of mesothelioma?
A. Correct. It could be one day of work, for example, or something like that.
Q. So it doesn’t have to be a regular course of work? It doesn’t have to be something they do occupationally for a period of time; is that true?
A. No, not necessarily. Because we are talking about somebody who has already got the disease. And I think everyone of the exposures that go into making their sum total of exposure to asbestos is a contributing factor.

Against this general causal backdrop, Dr. Welch explained the basis of her opinion that Mrs. Dixon’s exposure to automobile brake dust was a substantial contributing factor of Mrs. Dixon’s disease:

[187]*187The easiest way to do that is to turn back to my paper we kept discussing, the Amicus brief that walks through the information that supports a conclusion that brake mechanics are at an increased risk for mesothelioma. So we have a lot of data that the kind of asbestos that’s in brakes, chrysotile, causes mesothelioma. We have a lot of information that brief or low-level exposure to asbestos causes mesothelioma.

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Related

Dixon v. Ford Motor Co.
70 A.3d 328 (Court of Appeals of Maryland, 2013)
City Homes, Inc. v. Hazelwood
63 A.3d 713 (Court of Special Appeals of Maryland, 2013)
Georgia-Pacific, LLC v. Farrar
53 A.3d 424 (Court of Special Appeals of Maryland, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
47 A.3d 1038, 206 Md. App. 180, 2012 WL 2483315, 2012 Md. App. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-ford-motor-co-mdctspecapp-2012.