Carter v. Wallace & Gale Asbestos Settlement Trust
Annotate this CaseAt issue in this case was whether apportionment of damages is appropriate in the wrongful death and asbestos litigation context and whether a “use plaintiff” - a plaintiff for whom an action is brought in another’s name and does not join in the action - is precluded from recovering damages by not formally joining in the proceedings. In four asbestos cases, plaintiffs and use plaintiffs were separately awarded damages for their wrongful death claims against Wallace & Gale Asbestos Settlement Trust (WGAST). The court of special appeals concluded (1) the failure of the use plaintiffs to join the action as party plaintiffs before the expiration of the relevant statute of limitations precluded the use plaintiffs from recovering damages; and (2) the circuit court erred in refusing to instruct the jury on apportionment of damages. The Supreme Court reversed, holding (1) apportionment of damages is appropriate only where the injury in question is reasonably divisible among multiple causes, and in this case, the resulting injury was not reasonably divisible; and (2) the use plaintiffs in this case were part of the action for purposes of the trial resulting in jury verdicts and money judgments entered in their favor.
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