Carter v. Wallace & Gale Asbestos Settlement Trust

In the present case, we are called to decide whether apportionment of damages is appropriate in the wrongful death and asbestos litigation context, and whether the “use plaintiffs”1 here are precluded from recovering damages by not formally joining in the proceedings. We reverse the judgment of the Court of Special Appeals and hold that the intermediate appellate court erred when it held that the trial court erroneously refused to allow expert testimony and jury instructions on apportionment of damages, and when it held that the failure of the use plaintiffs to formally join in the action…