Opinion

Dixon v. Ford Motor Co.

  • 433 Md. 137
  • 70 A.3d 328
  • 2013 Md. LEXIS 465
  • 2013 WL 3821431
Court
Court of Appeals of Maryland
Filed
Jul 25, 2013
Status
Published
Author
Battaglia
On the bench
Battaglia, Wilner
Cited by
13 cases
Authority
More cited than 2.4%

holding that “because the asbestos fibers brought in on each occasion remained in the home for a considerable period of time, the exposure was continuous and cumulative in effect”

How later courts described this case

  • holding that “because the asbestos fibers brought in on each occasion remained in the home for a considerable period of time, the exposure was continuous and cumulative in effect”
  • holding that by capping the total gross award in wrongful death actions, the legislature did not "create irrational classifications among the claimants"
  • “A Frye/Reed analysis is required, as a prerequisite to the application of Rule 5–702, only when the proposed expert testimony involves a ‘novel scientific method,’ in which event there must be some assurance that the novel method has gained general acceptance within the relevant scientific community.

Written by the judges who cited it.

The opinion

BATTAGLIA, J.,

dissenting, which BELL, C.J., joins.

I respectfully dissent and would affirm the excellent analysis and decision of the Court of Special Appeals, Dixon v. Ford Motor Company, 206 Md.App. 180 , 47 A.3d 1038 (2012).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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