MG+M Partners Chris Massenburg and Jeanette Riggins, with assistance from associate Kevin Sloan, recently won a motion for directed verdict on assumption of risk in a smoking lung cancer and mesothelioma case before The Honorable Judge Pamela North in an asbestos trial in Baltimore City Circuit Court.
After two weeks of evidence presented by the Plaintiffs, represented by the Peter G. Angelos law firm, arguments were made concerning the Decedent’s 20 pack-year smoking history, and the multiple warnings that were seen on the cigarette packages through the 1960s, 70s, and 80s. Additionally, records from the Decedent’s union were used to show that he received warnings, not only concerning lung cancer and other health risks from the cigarette packages themselves, but also concerning the synergy risks with combined smoking and asbestos exposures. The Court found the evidence of assumption of risk on this issue was overwhelming and warranted a directed verdict. In Maryland, assumption of risk is a complete bar to recovery, and the Court’s rulings on this issue essentially ended all of the Plaintiffs’ claims that were pending.
MG+M’s local counsel were Tom Bernier and Brendan Fitzpatrick of Goldberg Segalla of Baltimore. Both were a valuable addition to the team and our victory.