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Jump to full article: Maryland Daily Record, 2008-01-09
Author: CHRISTINA DORAN Daily Record Assistant Legal Affairs Editor
Intro: The Court of Appeals has refused to allow the family of a man who died of lung cancer to put a wrongful death suit against asbestos defendants “on ice” while appealing the dismissal of tobacco defendants.
“Ultimately, the question is whether the case should remain in trial court until the case is over, which, for good reason, is what the law generally requires,” wrote retired Judge Alan M. Wilner, specially assigned, for the high court.
“We think the court correctly decided the case and we are very pleased,” said Kathleen McDonald of Kerr McDonald LLP, attorney for appellee Lorillard Tobacco Co. . . .
Case: Donna Silbersack, Personal Representative of the Estate of Dominic Casino, et al. v. ACandS, Inc., et al. CA No. 53, Sept. Term 2007. Reported. Opinion by Wilner, J. Filed Jan. 4, 2008.
Issue: Can a party appeal the denial of a motion for an entry of a final judgment?
Holding: No; appeal dismissed. . . .
Appellants, the widow of Dominic Casino and the personal representative of his estate, filed suit in Baltimore City Circuit Court in 1997 against 19 defendants after Casino died of lung cancer. The wrongful death and personal injury lawsuit claimed that Casino’s death was caused by exposure, during his employment at the Bethlehem Steel Corp., to asbestos products that were allegedly manufactured or distributed by the defendants.
A year prior to filing this suit, Casino was also part of a class of plaintiffs in a class action lawsuit against Philip Morris filed by The Law Office of Peter G. Angelos.
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