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CARTER v. WALLACE & GALE

No. 84, September Term, 2013.

96 A.3d 147 (2014)

439 Md. 333

Sonia CARTER, et al. v. The WALLACE & GALE ASBESTOS SETTLEMENT TRUST.

Court of Appeals of Maryland.

July 21, 2014.

Attorney(s) appearing for the Case

Michael T. Edmonds (Law Offices of Peter T. Nicholl , Baltimore, MD; John Amato, IV , Goodman, Meagher & Enoch, LLP, Baltimore, MD), on brief, for Petitioners.

Mitchell Y. Mirviss ( David S. Gray , Thomasina E. Poirot , Venable, LLP, Baltimore, MD; Theodore F. Roberts , Brian A. Zemil , Venable, LLP, Towson, MD), on brief, for Respondent.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, McDONALD, LAWRENCE F. RODOWSKY (Retired, Specially Assigned), and IRMA S. RAKER (Retired, Specially Assigned), JJ.

GREENE, J.

In the present case, we are called to decide whether apportionment of damages is appropriate in the wrongful death and asbestos litigation context, and whether the "use plaintiffs"1 here are precluded from recovering damages by not formally joining in the proceedings. We reverse the judgment of the Court of Special Appeals and hold that the intermediate appellate court erred when it...

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