The Maryland Chamber joined the U.S. Chamber of Commerce in a brief filed with the Court of Appeals this week in the case of Exxon Mobile Corporation v. Paul D. Ford, et al. The Ford case presents issues arising out of the trial court’s awarding of damages to property owners adjacent to groundwater contamination that occurred in Baltimore County. Among the damages awarded by the court were amounts allowed for the fear of contracting a future disease, as well as related future medical monitoring.
Our brief argues that such an expansion of damages to persons with no existing physical injury or disease is contrary to the case law in most other states, and the U.S. Supreme Court. Such damages would be difficult to objectively measure, and divert limited resources from persons actually injured to those with no evidence of injury. Our arguments generally conform to our longstanding advocacy on behalf of Maryland businesses in opposition to expansion of legal liability for frivolous or unfounded causes of action brought by plaintiffs. See a copy of the brief here. For further information contact Ron Wineholt at .(JavaScript must be enabled to view this email address).