DIXON v. FORD MOTOR COMPANY

No. 82, September Term, 2012.

70 A.3d 328 (2013)

433 Md. 137

Bernard DIXON, etc., et al. v. FORD MOTOR COMPANY.

Court of Appeals of Maryland.

July 25, 2013.


Attorney(s) appearing for the Case

Jonathan Ruckdeschel ( Dawn P. O'Croinin of The Ruckdeschel Law Firm, LLC, Ellicott City, MD), on brief, for Petitioners/Cross-Respondents.

Michael T. Edmonds, Esquire , Timothy J. Hogan, Esquire , Law Offices of Peter T. Nicholl, Baltimore, MD, for Amicus Curiae brief in support of Petition for Writ of Certiorari.

John E. Herrick, Esquire , Nathan D. Finch, Esquire , Motley Rice, LLC, Mt. Pleasant, SC, for Amici Curiae brief of Interested Physicians and Scientific Researchers in support of Appellant.

J. Tracy Walker, IV (McGuireWoods, LLP, Richmond, VA; Robert Dale Klein and Michelle R. Mitchell of Wharton, Levin, Ehrmantraut & Klein, P.A., Annapolis, MD), on brief, for Respondent/Cross-Petitioner.

Martin S. Kaufman, Esquire , Atlantic Legal Foundation, Larchmont, NY, John Charles Sullivan, Esquire , Baltimore, MD, for Amici Curiae brief of Richard Wilson, John Henderson Duffus, Ronald E. Gots, Dudley Herschbach, Steven Lamm, Arthur M. Langer, A. Alan Moghissi, Robert Nolan, Gordon L. Nord, Jr., Emmanuel Rubin, James D. Watson and Ann G. Wylie in support of Appellee/Cross-Appellant Ford Motor Company.

Hugh F. Young, Jr., Esquire , Product Liability Advisory Council, Inc., Reston, VA, James M. Beck, Esquire , ReedSmith, LLP, Philadelphia, PA, Rignal W. Baldwin, Esquire , Baldwin, Kagan, Gormley, LLC, Annapolis, MD, for Amicus Curiae brief of Product Liability Advisory Council, Inc. in support of Respondent/Cross-Petitioner Ford Motor Company.

Mark A. Behrens, Esquire , Christopher E. Appel, Esquire , Shook, Hardy & Bacon, L.L.P., Washington, DC, William L. Anderson, Esquire , Clifford J. Zatz, Esquire , Rebecca C. Baden, Esquire , Crowell & Moring, LLP, Washington, DC, for Amici Curiae brief of Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Manufacturers, American Insurance Association, Property Casualty Insurers Association of America, American Petroleum Institute, American Chemistry Council, Alliance of Automobile Manufacturers, and NFIB Small Business Legal Center in support of Respondent/Cross-Petitioner.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, BARBERA, McDONALD, ALAN M. WILNER (Retired, specially assigned) JJ.


WILNER, J.

Joan Dixon contracted mesothelioma, from which she eventually died. That the mesothelioma was caused by her exposure to asbestos is not in dispute. The principal issue here is, whose asbestos?1 As germane to what is now before us, there were two possible culprits — asbestos-laden dust emanating from brakes manufactured by Ford Motor Company that Ms. Dixon's husband, Bernard, who handled those products occupationally,...

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