Benjamin D. Whetzel
Benjamin Whetzel has over 15 years of experience in Maryland’s asbestos personal injury litigation, beginning in 2001. From 2008–15, he managed and conducted the majority of all daily litigation for over 30 of his prior firm’s clients involved in Baltimore City’s asbestos litigation. This included a diverse group of national and local manufacturer, supplier, and premises liability defendants. Ben defended cases brought by every asbestos personal injury plaintiffs’ firm to file in Baltimore City during this period.
Ben has also defended claims involving lead paint exposure, slip and fall accidents, automobile accidents, workers’ compensation and other general liability matters. In addition, Ben has prosecuted and defended a variety of breach of contract claims on behalf of various businesses. He is also experienced in orthodontic practice management, and dental employment agreement drafting and review.
Ben has experience defending asbestos related claims involving a wide range of products including: art clay, boilers, brakes, clutches, cosmetic talc, decking, floor tile, gaskets, insulation, joint compound, matrix board, packing, pipe, plastic molding compounds, pumps, refractory materials, roofing products, rope, stucco, transmissions, valves, and wire. Representative matters include:
- Obtained summary judgment as to all claims on behalf of floor tile defendant and sealing product defendant in products liability wrongful death suits filed in the Circuit Court for Baltimore City. Plaintiffs’ alleged that clients’ products, identified in plaintiff and/or co-worker testimony, caused or substantially contributed to decedents’ asbestos-related mesothelioma. Clients had received six and seven figure settlement demands from plaintiffs’ counsel prior to winning summary judgment on all counts.
- Represented Fortune 200 company in the first group of four cases brought in Maryland alleging asbestos-related mesothelioma from plaintiffs’ use of cosmetic talcum powder. Cases involved novel and previously untested claims in the 30+ year history of Maryland’s asbestos litigation. These matters were extensively litigated at the state and federal level before eventual pre-trial resolution.
- Deposed asbestos plaintiff medical experts, and filed effective Motions in Limine and Frye-Reed challenges to preclude their causation and diagnostic opinion evidence, based on testimony developed at depositions.
Ben’s litigation experience also covers motor-vehicle collisions, personal injury, wrongful death, product liability, matters related to contracts, and a wide variety of negligence claims. Representative matters include:
- Represented waterproofing company in evidentiary, administrative hearing regarding claim filed against client with the Maryland Home Improvement Commission. Claimant sought compensation for alleged losses related to client’s alleged inadequate home improvement. Judge issued a written decision in favor of client and denied the claim in its entirety.
- Defended automotive dealership in complex, multi-party motor vehicle accident case involving product liability claims. Obtained favorable settlement for client amounting to less than 4 percent of total settlement reached at mediation involving all parties.
- Won dismissal for truck leasor in personal injury, auto accident matter involving various negligence claims.
- Obtained dismissals on behalf of mall owner and mall security contractor in cases involving alleged false arrest and alleged negligence regarding slip and fall injuries.
Admitted to Practice
- District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, District of Columbia
- U.S. Court of Appeals, Fourth Circuit
- Widener University School of Law (Wilmington, DE), J.D., 2007
- University of Maryland, College Park, B.A., 2002
- American Bar Association
- Bar Association of Baltimore City
- District of Columbia Bar Association
- Maryland State Bar Association
- Maryland Volunteer Lawyers Service