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IRWIN INDUSTRIAL TOOL v. PIFER

No. 49, Sept. Term, 2021.

276 A.3d 533 (2022)

478 Md. 645

IRWIN INDUSTRIAL TOOL COMPANY v. Christine PIFER, et al.

Court of Appeals of Maryland.

May 31, 2022.

Attorney(s) appearing for the Case

Argued by Joseph W. Hovermill and Matthew T. Wagman (F. Ford Loker and Susan DuMont, Miles & Stockbridge, Baltimore, MD), on brief, for Petitioner.

Argued by Daniel A. Brown (Matthew E. Kiely, Brown Kiely, LLP, Bethesda, MD), on brief, for Respondents.

Argued before: Getty, C.J., Watts, Hotten, Booth, Glenn T. Harrell, Jr. (Senior Judge, Specially Assigned), Irma S. Raker (Senior Judge, Specially Assigned), Robert N. McDonald (Senior Judge, Specially Assigned), JJ.

In a civil action, when it is difficult or impossible to obtain the exact product that allegedly caused an injury or disease, a plaintiff may seek to introduce into evidence an allegedly comparable version of the product as an exemplar—that is, "[a] typical example" or "a standard specimen[.]" Exemplar, Black's Law Dictionary...

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