Irwin Industrial Tool Company v. Pifer

276 A.3d 533 (2022)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P worked for a carpet installation company. P used Strait-Line marking chalk, which was manufactured and sold by D In 2016, P died of mesothelioma, the primary cause of which is exposure to asbestos. P instituted this suit for wrongful death and product liability. P alleges that D sold Strait-Line marking chalk from 1960 to 1982 that contained asbestos and caused P's death from mesothelioma. P purchased on eBay several Strait-Line marking chalk containers and the powder within them. P contends these were products originally sold by D as Strait-Line marking chalk and that, according to its expert, tested positive for the presence of asbestos. In P's garage, a bottle of Strait-Line chalk was found that P's expert also determined tested positive for asbestos. D filed a pretrial motion in limine to exclude any testimony or evidence regarding the analysis of Strait-Line chalk by P's expert that had resulted in a finding of asbestos in the chalk. D contends that the eBay purchases could not be authenticated as the product that D manufactured and sold as Strait-Line marking chalk. The court granted D's motion in limine as to the containers purchased on eBay, but not as to the bottle that had been found in P's garage. It held the chain of custody for the eBay purchases had not been established as P did know where the containers were for decades prior to reaching eBay. D moved for summary judgment and the court granted it. P appealed. The Court of Special Appeals reversed and remanded the case concluding that the containers purchased on eBay were sufficiently authenticated. D appealed.

Issues

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Holding & Decision

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Legal Analysis

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