Category Archives: Ohio

Court of Appeals of Ohio Finds Reversible Error in Refusal of Daubert Hearing On Basis of Opinions of Drs. Strauchen and Frank Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, May 5, 2016

In this case it is alleged that the decedent, Glenn Watkins, was exposed to chrysotile asbestos dust from the sanding of Bendix brakes while working as a manager at various Auto Shack and AutoZone retail stores between 1985 and 2006 and that this exposure was a substantial cause of his pleural mesothelioma and death. Prior to trial, all defendants other than Honeywell International Inc. settled or were dismissed. The issue at trial was whether Watkins’ handling of Bendix brakes was a cause-in-fact of his mesothelioma,…

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Summary Judgment in Favor of Supplier of Insulation Affirmed on Strict Liability, But Reversed on Failure to Warn Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County, May 5, 2016

In this case it is alleged that the decedent, Ian Blandford, was exposed to asbestos while working as a pipefitter from 1955 to 1998. The Edward R. Hart Company (Hart) moved for and was granted summary judgment. The plaintiff appealed. On appeal the court affirmed the trial court’s granting of summary judgment on strict product liability, but reversed the granting of summary judgment on the failure to warn claim. Regarding strict product liability, the court pointed out that Hart was a supplier of asbestos insulation,…

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Ohio Appellate Court Affirms Jury’s Verdict Entitling Widow to Worker’s Compensation Benefits After Husband Died of Lung Cancer Allegedly Due to Asbestos Exposure at General Motors Court of Appeals of Ohio, Third Appellate District, November 20, 2015

The plaintiff commenced this case after the Ohio Bureau of Workers’ Compensation denied her request for widow’s benefits of her late husband, who died from lung cancer allegedly due to asbestos exposure while working at General Motors. General Motors argued that the decedent’s long-time smoking habit of one to two packs of cigarettes per day  was the sole cause of his lung cancer. The jury found that the plaintiff was entitled to participate in the Ohio Workers’ Compensation Fund because: (1) the decedent was exposed…

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