Gerry H. Tostanoski

Partner

410.752.9733

Gerry Tostanoski, a partner in the Products Liability Practice Group, has been practicing for 30 years. She represents large and small corporations, insurance companies, self-insureds, and individuals in complex litigation matters. She has defended manufacturers and distributors in products liability cases, including consolidations and mass tort litigation. She is also experienced in toxic torts litigation, including cases involving asbestos, carbon monoxide, and paint fumes.

In the 1990s, Mrs. Tostanoski played a central role in some of the largest, most consequential consolidations of asbestos cases in the country. She defended Pittsburgh Corning Corporation in the first consolidation, which consisted of more than 8,500 cases. Mrs. Tostanoski tried the eight-month trial and was an active participant throughout the appeal proceeds. The client’s primary goal was to prevail on the issue of punitive damages; to attain that result, it was imperative to preserve the record for over three years, including the lengthy trial. The goal of overturning the punitive damages award was accomplished on appeal. ACandS v. Godwin, 340 Md. 334 (1995). Since that case, no punitive damage award has been upheld in Maryland in an asbestos case. In addition, she represented Owens-Illinois and Fibreboard Corporation in the second consolidated trial of more than 1,300 cases, ACandS, Inc. v. Abate, 121 Md. App. 590 (1998). Following the consolidations, Mrs. Tostanoski was an active participant in the ensuing mesothelioma trials and mini-trials including serving as medical and discovery lead on many occasions. She also successfully argued that the burden of proof is on the plaintiff for the application of the damages cap in Owens-Corning v. Walatka, 125 Md. App. 313, 725 A.2d 579 (1999). She also participated in an appeal in an employment case in federal court where summary judgment was affirmed as to 30 plaintiffs on causation issues in a case in which the employer was alleged to have negligently hired and supervised  an employee in an arson case, Antonio v. SSA Sec., Inc., 749 F. 3d 227 (4th Circuit, 2014).  Mrs. Tostanoski has served on various Committees related to personal injury asbestos work including Committees related to the electronic filing system as well as a Defense Steering Committee that regularly met with the Administrative and trial judges in the Circuit Court for Baltimore City.

Mrs. Tostanoski is a former member of the Board of Directors of the Maryland Defense Counsel and served as its President from 1999-2000. She has been re-appointed by Chief Judge Mary Ellen Barbera of the Maryland Court of Appeals to serve the Maryland State Board of Law Examiners as a member of its Character Committee, which evaluates state bar applicants for fitness to practice law and has served in that capacity for more than a decade.

Prior to joining Tydings in 1986, Mrs. Tostanoski was a law clerk for Associate Judge Paul E. Alpert of the Court of Special Appeals and served as the Legal Officer for the Administrative Office of the Courts. She joined the firm in 1986 and became a partner in 1994.

Attorney Profile

Practices

Industries Served

Education

  • University of Baltimore School of Law (J.D., magna cum laude, 1984) Heuisler Honor Society; Editor, University of Baltimore Law Review
  • State University of New York at Binghamton (B.S., 1979)

Bar Admissions

  • State of Maryland

Court Admissions

  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of Maryland
Membership
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  • Maryland State Bar Association
  • DRI-The Voice of the Defense Bar
  • Maryland Defense Counsel
  • Maryland State Board of Law Examiner
Activities
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  • Maryland State Board of Law Examiner, Member of the Character Committee
  • Maryland Defense Counsel (President, 1999-2000; Board Member 1997-2003)
  • Rollingwood Pool Board, 2000-2005; 2011-present
  • McDonogh School Parents Committee, 2005-2008
  • Catonsville Travel Soccer Board, 1997-2004
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