Maryland Federal Court Rules Warning Label OSHA-Compliant

Date: 08 / 11 / 15

Type: Press Release

Miles & Stockbridge obtained summary judgment for our Fortune 100 client in Maryland federal court in an asbestos-related personal injury matter.  The plaintiff, a manager at an automotive garage, alleged that he developed mesothelioma (a cancer of the lining of the lung) after he inhaled brake dust from automotive brakes manufactured by several companies, including our client.  All of plaintiff’s exposure to our client’s brakes occurred after it began placing an OSHA-compliant warning on the brake boxes that told users not to generate dust and that breathing dust from brakes would cause serious bodily injury.  The Court applied Maryland’s heeding presumption and held that our client discharged its duty to warn users and bystanders of the hazards of asbestos when it placed the OSHA-complaint warning on the brake boxes.  In short, our client was entitled to summary judgment because the warning told users to avoid the very conduct about which the plaintiff was now in court complaining.


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