Estate of Schatz v. Univ. of Md., College Park
Estate of Schatz v. Univ. of Md., College Park
Opinion
*213 In 2015, Concetta Schatz ("Mrs. Schatz") passed away from malignant mesothelioma. After her death, Mrs. Schatz's estate and her four surviving daughters ("appellants") commenced a products liability action against John Crane, Inc. ("JCI" or *76 "appellee"). Appellants alleged that Mrs. Schatz's husband, William Schatz ("Mr. Schatz"), would handle JCI products containing asbestos while at work, and then bring his asbestos-covered clothing home for Mrs. Schatz to clean, thus exposing her to asbestos fibers.
The case proceeded to trial. At the close of appellants' case-in-chief, JCI moved for judgment, arguing that appellants had failed to prove that JCI owed a legal duty to warn Mrs. Schatz pursuant to
Georgia-Pacific, LLC v. Farrar
,
*214 1. Whether the circuit court erred in granting JCI's motion for judgment.
We hold that the court did not err, and affirm.
FACTS AND PROCEEDINGS
Mr. Schatz married Mrs. Schatz on November 13, 1955. Near the time of their marriage, Mr. Schatz began working for Baltimore Gas & Electric ("BG & E"), where he continued to work until he retired in the mid-to-late 1980s. For approximately the first two years of his employment with BG & E, Mr. Schatz worked with turbines. He was then transferred to Wagner Station and shortly thereafter was promoted to mechanic. Mr. Schatz remained a mechanic at Wagner Station for the rest of his career with BG & E. While working at Wagner Station as a mechanic, Mr. Schatz was responsible for repairing and maintaining a variety of equipment, including air compressors, coal machinery, fly ash hoppers, and of particular relevance here, boilers.
The boilers at Wagner Station each contained approximately 200 doors. The packing or sealing surrounding these doors would routinely deteriorate due to heat and dirt from the boilers, and Mr. Schatz and other mechanics were tasked with replacing the damaged packing with JCI rope. 2 The rope used was white and flexible, and when mechanics would cut it to fit into the doors, it created dust and dirt. Unfortunately, from 1930 until 1985, JCI's rope contained sixty percent chrysotile asbestos.
*215 BG & E did not provide any laundry services to its employees when Mr. Schatz worked at Wagner Station as a mechanic, so he would typically take his dirty work clothes home for his wife to wash. Approximately every other day, Mrs. Schatz would shake out and wash the dirty work clothes, breathing in the dust as she did so. After Mrs. Schatz passed away due to mesothelioma, appellants filed this products liability claim against JCI.
Appellants' trial against JCI began on July 25, 2017. JCI moved for judgment on August 4, at the close of appellants' case-in-chief. On August 8, the circuit court held that JCI did not owe a duty to warn Mrs. Schatz, and granted JCI's motion. Appellants timely appealed. We shall provide additional facts as necessary for our analysis.
*77 STANDARD OF REVIEW
"We review the trial court's grant of [JCI's] motion for judgment
de novo
, considering the evidence and reasonable inferences drawn from the evidence in the light most favorable to the non-moving party."
Thomas v. Panco Mgmt. of Md., LLC
,
DISCUSSION
Appellants argue that the circuit court erred in concluding that JCI did not owe a duty to warn Mrs. Schatz. Specifically, they claim that: 1) the court erred "in finding that household members constitute an indeterminate class, contrary to the holding in Farrar "; and 2) "[U]nder Farrar , a duty to warn extended to household members beginning in 1972 when OSHA [ 3 ] promulgated safety regulations dealing specifically with the problem of tracking asbestos dust on clothing into the home." We first explain why JCI did not have a duty to warn Mrs. Schatz of the danger of exposure to its asbestos ropes. Though not material to our holding, we then briefly address *216 the court's finding that Mrs. Schatz did not belong to a "definite determinative class" under Farrar .
I. JCI DID NOT OWE A DUTY TO MRS. SCHATZ
The parties to this appeal dispute whether JCI owed a duty to warn Mrs. Schatz of the dangers of its asbestos product. In
Farrar
, a case directly on point, the Court of Appeals discussed whether a manufacturer and supplier of an asbestos product had a duty to warn the family member of a bystander who was exposed to its product.
At the end of each work week, Mr. Hentgen would bring his work clothes home to be washed.
Id.
at 525,
Ms. Farrar filed claims against more than thirty defendants, including Georgia Pacific, alleging,
inter alia
, strict liability and negligence claims.
Id.
at 526,
After establishing the overarching policy considerations, the Court narrowed its focus for determining the existence of a duty:
What we find from a survey of our case law and that in other States is that whether a duty to warn extends to individuals such as Ms. Farrar depends, in large part, on (1) who is being sued and on what theory, and (2) when a manufacturer or supplier of an asbestos product is sued for failure to warn the household member, (i) when the exposures occurred-in effect, what the defendant knew or reasonably should have known about the dangers of household exposure at the time the warning should have been given, and (ii) the relative weight to be given to foreseeability, as opposed to other factors, such as the relationship between the parties and the feasibility or burden of providing warnings , under the State's negligence and product liability law.
*218
Id.
at 531-32,
Because Ms. Farrar, a household member, had sued Georgia Pacific, a manufacturer, for failure to warn, the Court first considered what Georgia Pacific knew or should have known about the dangers to household members at the time the exposure occurred. Although the evidence at trial showed that a 1960 article from South Africa recognized the concern for household member exposure to asbestos, experts for both parties regarded a 1965 study from England as more significant.
Id.
at 536-37,
Though recognizing the relevance of the manufacturer's knowledge of harm at the time of the exposure, the Court weighed competing policy considerations to determine whether a duty existed. The Court stated,
Determining the existence of a duty requires the weighing of policy considerations, among which are whether, in *219 light of the relationship (or lack of relationship) between the party alleged to have the duty and the party to whom the duty is alleged to run, there is a feasible way of carrying out that duty and having some reason to believe that a warning will be effective. To impose a duty that either cannot feasibly be implemented or, even if implemented, would have no practical effect would be poor public policy indeed.
Id.
at 540,
manufacturers and suppliers of products containing asbestos could have directly warned household members who had no connection with the product, the manufacturer or supplier of the product, the worker's employer, or the owner of the premises where the asbestos product was being used, not to have contact with dusty work clothes of household members who were occupationally exposed to asbestos.
Id.
at 540-41,
After discussing the feasibility of the warning, the Court considered how effective the manufacturer's warning to workers and bystanders would have been. The Court stated,
Assuming such warnings would, in fact, have reached the workers, much less bystanders, until the 1972 OSHA regulations were adopted, unless employers or the owners of premises where asbestos dust would be present voluntarily provided protective clothing, changing rooms, and safe laundering-which the record before us does not suggest was done by any of Mr. Hentgen's employers or existed at any facility where Mr. Hentgen worked-what were the workers to do? Mr. Hentgen did the best he could by keeping his work clothes in the car all week and bringing them home only on the weekend to be laundered, but that proved *220 insufficient. The simple fact is that, even if Georgia Pacific should have foreseen back in 1968-69 that individuals such as Ms. Farrar were in a zone of danger, there was no practical way that any warning given by it to any of the suggested intermediaries would or could have avoided that danger.
Id.
at 541,
*80 Naturally, appellants attempt to distinguish their case from Farrar . They first contend that, by 1972, household members were within a foreseeable zone of danger. They go on to argue that "JCI owed a duty to warn even if it was not feasible to directly warn household members." Finally, appellants claim that a warning to the workers would have been effective because of OSHA's 1972 regulations. We shall address each contention in turn.
A. The Foreseeable Zone of Danger in June 1972
Appellants first claim that a duty to warn extended to household members starting in 1972 because OSHA had promulgated safety regulations for tracking asbestos dust into the home. Borrowing language from
Farrar
, appellants essentially argue that JCI "knew or reasonably should have known about the dangers of household exposure at the time the warning should have been given[.]"
Id. at 531,
Whether
Farrar
stands for that broad proposition is substantially immaterial to our analysis. In
Farrar
, the Court noted that the evidence varied on the actual date upon which Georgia Pacific knew or should have known of the dangers. An expert for Georgia Pacific referenced an article from 1960 recognizing the potential harm to household members, but the Court stated that "The study that experts from both sides regarded as more significant was ... in 1965."
Id. at 536-37,
B. Feasibility of Warning Mrs. Schatz
Appellants next argue that JCI "owed a duty to warn even if it was not feasible to directly warn household members." According to appellants, " Farrar does not require it to be feasible for [JCI] to have warned the household member directly . To the contrary, Farrar makes clear that [JCI] could have warned 'intermediaries.' " In support of this argument, appellants claim " Farrar listed various intermediaries, suggested by the plaintiff, who could have been warned: 'distributors of the product, the owners of land on which the product was used, contractors who supervised the workers, and union officials.' " Appellants misconstrue the "feasibility" discussion in Farrar .
*222 First, the Court never stated that the feasibility of the warning depended on the ability of the manufacturer to warn an intermediary. Instead, the Court focused on the ability of the manufacturer to warn the household member . Discussing feasibility, the Court stated,
*81 With respect to implementation, in an era before home computers and social media, it is not at all clear how hundreds or thousands of manufacturers and suppliers of products containing asbestos could have directly warned household members who had no connection with the product, the manufacturer or supplier of the product, the worker's employer, or the owner of the premises where the asbestos product was being used , not to have contact with dusty work clothes of household members who were occupationally exposed to asbestos.
Id. at 540-41,
Next, we disagree with appellants that Farrar provided a list of approved intermediaries in its feasibility discussion. The passage in Farrar from which appellants find support for warning intermediaries reads as follows:
The best that the plaintiff offers in her brief was for Georgia Pacific to have "spread the word" to distributors of the product, the owners of land on which the product was used, contractors who supervised the workers, and union officials, and rely on them to inform everyone working in the vicinity of asbestos. Presumably, the word to be spread was that asbestos dust collected on work clothes could be dangerous if brought into the home.
Id. at 541,
*223 in the entire opinion appears in the Court's "effectiveness" discussion, where the Court stated,
The simple fact is that, even if Georgia Pacific should have foreseen back in 1968-69 that individuals such as Ms. Farrar were in a zone of danger, there was no practical way that any warning given by it to any of the suggested intermediaries would or could have avoided that danger.
In
Dehn v. Edgecombe
, the Court of Appeals held that a doctor's duty to warn did not extend to his patient's spouse simply because of the relationship between the patient and the spouse.
In both Dehn and Doe , the Court of Appeals considered whether the duty to warn extended to a spouse whose husband had a direct relationship with the defendant. In both cases, the Court rejected the notion that the duty extended to the spouse simply because the defendant was obligated to warn the intermediary spouse. Accordingly, Maryland courts have not accepted appellant's "intermediary argument," and we decline to do so here.
Even assuming, arguendo , that Maryland permitted warning intermediaries to establish a duty, we note that the record here is devoid of any evidence to support their "intermediary" theory. Indeed, nowhere in the portion of Mr. Schatz's deposition which was introduced at trial did he explain what he would have done to warn Mrs. Schatz had he himself been warned of the dangers of asbestos. Accordingly, we reject *225 appellants' argument that a duty extended to Mrs. Schatz because of the feasibility of warning Mr. Schatz. 4
C. The Effect of Warning Workers in 1972
Finally, appellants argue that it would have been effective to warn workers such as Mr. Schatz because they could have forced compliance with OSHA's 1972 regulations. According to appellants, "had [JCI] warned Mr. Schatz, he had recourse via a complaint to MOSH [ 5 ] to compel the *83 provision of safe laundering." We see two problems with this argument.
First, because Mrs. Schatz was the injured party, the analysis should focus on JCI's duty to warn
Mrs. Schatz
, not Mr. Schatz. In claiming that it was practical to warn Mr. Schatz in 1972 because the workers had recourse, appellants change the party to whom JCI allegedly owed its duty to warn. As stated above, the relationship (or lack thereof) of the parties is a relevant factor in determining the existence of a duty to warn.
Farrar,
Second, assuming it would have been legally sufficient for JCI to warn Mr. Schatz, the evidence adduced at trial failed to demonstrate what Mr. Schatz would or could have done to
*226
limit asbestos exposure to Mrs. Schatz.
6
Even if
Farrar
expressly permitted the warning to flow through an intermediary (which it does not), we reject appellants' argument that Mr. Schatz's alleged recourse via a complaint to MOSH proved that a warning would have been effective. In
Farrar
, the Court of Appeals noted that, even had Georgia Pacific warned workers and bystanders, the workers themselves were powerless to reasonably contain the asbestos without protective clothing, changing rooms and safe laundering facilities.
Id. at 541,
The evidence does not support a finding that Mr. Schatz could as a matter of course leave his dusty clothes at BG & E each Friday or even on evenings and expect that they would be laundered when he returned to work. The occasional laundering testified to of overalls which were supplied by BG & E does not change that.
In both Farrar and the instant case, there was no evidence to show that a warning would have been effective.
Because there was no evidence tending to show that it was feasible for JCI to warn Mrs. Schatz, and no evidence tending to show how any such warning would have been effective, Farrar instructs that JCI had no duty to warn Mrs. Schatz. Accordingly, the circuit court did not err in granting JCI's motion for judgment.
II. HOUSEHOLD MEMBERS AS AN INDETERMINATE CLASS
Finally, we address appellants' argument that "The Circuit Court erred in finding that household members constitute an indeterminate class, contrary to the holding in Farrar ." In issuing its ruling from the bench, the court stated "Unfortunately, for plaintiff in our case there is no definite determinative class." Appellants correctly state that, in Farrar , the Court of Appeals, in a footnote, stated
*227 In attempting to illustrate the impossibility of determining the universe of persons who may need to be warned if the plaintiff's argument is accepted, Georgia Pacific raises the prospect of whether, if the worker rides a bus home or stops at a bar or grocery store on the way home, the duty to warn would extend to the bus driver, other passengers on the bus, the bartender, other patrons in the bar, the cashier in the grocery store, or other customers. That is not what is before us. We are dealing only *84 with household members, who constitute an identifiable class of individuals .
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
Appellants presented the following two questions for our review:
1. Whether the Circuit Court erred in finding that household members constitute an indeterminate class, contrary to the holding in Farrar .
2. Whether under Farrar a duty to warn extended to household members beginning in 1972 when OSHA promulgated safety regulations specifically addressing the problem of tracking asbestos dust on clothing into the home.
According to evidence introduced at trial, BG & E workers also used Phelps brand rope to replace the damaged packing around the doors of the boilers at Wagner Station.
Occupational Safety and Health Administration.
In a footnote in their brief, appellants attempt to overcome the lack of evidence on this issue by contending that, "it must be presumed that, had
he
been warned, Mr. Schatz would have sought recourse from [BG & E] and, if necessary, from [Maryland Occupational Safety and Health]." (Emphasis added). Appellant's "heeding presumption" argument relies on the assumption that JCI was required to warn Mr. Schatz-an intermediary-who would presumably take steps to protect Mrs. Schatz-the injured person. As we have explained above, the duty to warn does not extend simply because the defendant has the ability or obligation to warn an intermediary.
Doe
,
Maryland Occupational Safety and Health.
At oral argument, appellants noted that BG & E provided showers and changing rooms which Mr. Schatz used. The existence of these facilities, however, does not impact the fact that Mrs. Schatz was allegedly exposed to asbestos when washing Mr. Schatz's work clothes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.