Another bill being heard today by the House Judiciary Committee is HB 767, Civil Actions – Limitations on Awards for Noneconomic Damages – Latent Diseases or Injuries. The Maryland Chamber of Commerce strongly supports this bill, which will restore the cap on noneconomic damage awards for businesses defending latent disease and latent injury cases.

The General Assembly acted wisely in 1986 to cap noneconomic damage awards for all defendants in Maryland. The Court of Appeals, through the Crane v. Scribner decision, has now exposed a wide segment of the Maryland business community to litigation with unlimited damages for latent disease and latent injury cases. Unless overturned, this decision will cost Maryland businesses millions of dollars annually in damages.

The damage to Maryland’s business climate increases as the list of defendants grows to include second and third tier retailers and contractors in the distribution chain. While these cases were initially brought against the manufacturers of the injury causing products, almost all of these manufacturers (at least manufacturers of asbestos) are bankrupt. The cases now are being brought against retailers, distributors, manufacturers of gaskets, brake shoes and products that contain asbestos, or against companies that may have had asbestos in its plants and buildings. These businesses deserve the same protection from unlimited liability as all other personal injury defendants.