On December 1, 2017, the Court of Appeals of Maryland heard arguments on an appeal from a decision holding that the state’s 20-year statute of repose bars asbestos claims that accrue after the enactment of the asbestos manufacturer exemption of 1991. Duffy v. CBS Corp., 232 Md. App. 602, cert. granted, 456 Md. 53 (2017).
The statute of repose limits liability for injuries which occur from “the defective and unsafe condition of an improvement to real property.” MD. CODE ANN., CTS. & JUD. PRO. § 5-108(a) (2013). The statute operates to bar claims of injury which accrue more than twenty years after the improvement to real property first becomes available for its intended use. In 1991, Maryland legislators enacted an amendment to the statute of repose specifically exempting asbestos manufacturers from the protection of § 5-108. The exemption specifically pertains to injuries resulting from exposure to asbestos dust shed from a product installed as an improvement to real property. CJP § 5-108(d)(2)(ii).
James F. Piper was diagnosed with mesothelioma in 2013 and through his personal representative, June Diane Duffy, sued the company that sold and installed a turbine generator at Piper’s place of employment, a power plant. Piper alleged that his mesothelioma was caused by the inhalation of asbestos fibers from working “in the vicinity of the workers installing the turbine generator’s insulation,” which contained asbestos. Duffy, 232 Md. App. at 607. The Circuit Court for Baltimore City granted the defendant manufacturer’s motion for summary judgment on the grounds that the statute of repose barred Piper’s claim. Piper appealed.
The Court of Special Appeals agreed with the defendant...
