Mack Trucks Inc. and Ford Motor Co. won a new trial in an asbestos exposure suit after Maryland’s top court threw out a Baltimore man’s $6 million [ asbestos verdict ] jury award.
The trial court improperly instructed the jury on what is needed to show the companies negligently exposed him to asbestos-containing brake parts that he worked around.
The elements of negligent failure to warn included instructions on manufacturing and design defects, the Maryland Court of Special Appeals said May 11.
The faulty jury instructions likely were the cause of inconsistent verdicts, the court said.
The jury acquitted the companies of strict liability failure to warn but found them liable for negligent failure to warn.
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