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Bill allowing some asbestos victims higher damages approved by House; Opponents object, saying greatest beneficiary is Angelos' law practice

THE BALTIMORE SUN

The House of Delegates gave its approval last night to a bill that would let some asbestos victims collect higher damages for pain and suffering -- a measure whose largest single beneficiary would be Peter G. Angelos.

The legislation, which passed on an 84-52 vote, faces long odds in the Senate, where a powerful committee chairman has prevented action on the bill.

Proponents say the bill would remove a cap on damages that unfairly penalizes some victims of asbestos-related diseases and their families because of the long time it takes their illnesses to develop.

Opponents contend that the legislation carves out one special class of personal injury victims and gives them special treatment because many are represented by the politically powerful Angelos, owner of the Baltimore Orioles.

The bill passed entirely on the strength of Democratic votes. All 35 House Republicans opposed it. Angelos is unpopular among many Republicans because he is one of the nation's largest contributors to Democratic political causes.

Angelos, by far the leading asbestos lawyer in the state, represents more than 120 clients who could collect larger awards under the legislation. His firm typically receives about one-third of damages awarded to his clients.

The legislation is Angelos' response to a ruling by the Maryland Court of Special Appeals, which held that a cap the General Assembly imposed on "noneconomic" damages -- primarily for pain and suffering -- applies to late-developing asbestos diseases.

Similar legislation introduced in the Senate has led to a dispute over whether Sen. Norman R. Stone Jr., an employee of Angelos' law firm, should vote on the bill. Stone, a Baltimore County Democrat, has said he intends to vote despite an opinion from the Joint Committee on Legislative Ethics saying he should abstain.

Stone's role is crucial because he holds the potential swing vote on the Senate Judicial Proceedings Committee. The panel's chairman, Cecil Democrat Sen. Walter M. Baker, has objected to Stone's plan to vote and has kept the Senate bill off his agenda.

Last night, Baker declined to comment on when or whether his committee might consider the House bill.

In the House, supporters of the bill rejected several attempts to amend it, including an effort by House Minority Whip Robert L. Flanagan to have the legislation apply only to future cases.

"What we have in this state is one lawyer, who whenever he gets a decision he doesn't like in the courts, can come here and have that decision overturned by the legislature," said the Howard County Republican.

Other opponents said the bill treats asbestos victims more favorably than other plaintiffs.

"I think we go down a really dangerous path when we begin to make exceptions for classes of injured people," said Del. Mary-Dulany James, a Harford County Democrat. "I think when we make special victim classes, it demeans everybody else."

In Annapolis

Highlights in Annapolis today:

Senate convenes at 9 a.m., Senate chamber.

House of Delegates meets at 10 a.m., House chamber.

Pub Date: 3/30/99

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