Real-Time Court Decisions and Other Developments in Asbestos Litigation.
OHIO – The decedent Garry Blakely was employed at Aerospace, a division of the defendant Goodyear Tire & Rubber Company, which contained sub-divisions that manufactured aircraft brake assemblies. The decedent worked in the wheel and brake division, where he drilled, shaped, and incorporated linings into brake assemblies. Upon his diagnosis of mesothelioma in 2014, the decedent sued … Continued
OHIO — The appeals for this matter stem from the dismissal of claims filed in the Northern District of Ohio. In 1989 several ship owner defendants moved to dismiss a multitude of merchant mariner claims suits for lack of personal jurisdiction. In sum, the defendants argued that the merchant mariners’ claims for nationwide jurisdiction were … Continued
OHIO –The plaintiff Donald MacLachlan brought suit against several defendants including American Optical (AO) alleging he developed mesothelioma as a result of exposure to asbestos while working at the Weirton Steel plant from 1971-2008. He was deposed in 2015 and also alleged exposure to steam turbines manufactured by General Electric. As for AO, The plaintiff … Continued
OHIO — The plaintiff sued Crane Co. and other defendants based upon his alleged exposure to asbestos while serving in the Navy from 1960 to 1967. Crane filed for summary judgment on plaintiff’s maritime law strict liability negligence claims. The court applied the Lindstrom standard. Despite the plaintiff’s urging, the court did not adopt a … Continued
OHIO — The Plaintiff Bobby Turner, an occasional cigar smoker, alleged that he developed lung cancer as a result of exposure to asbestos from his work as a drywall finisher between 1962 and 1978. At the outset of his case, Turner did not submit a report per RC 2307.92(c)(1).that showed “diagnosis by a competent medical authority … Continued
OHIO — Defendant Honeywell International filed Motions in limine to Preclude the plaintiff’s Experts Dr. Murray Finkelstein and Dr. Carlos Bedrossian and dismiss the plaintiff’s claims, or, in the alternative, its request for evidentiary hearing. The plaintiffs filed oppositions. The court determined that both doctors utilized the weight-of-the-evidence standard in formulating their opinions of the … Continued
DELAWARE — The plaintiff moved for leave to submit a supplemental expert report after a change in substantive Ohio law. The court had previously granted summary judgment in favor of four defendants. Specifically, the defendants argued that summary judgment was proper based on the Ohio Supreme Court’s recent decision in Schwartz which found theories advanced on … Continued
OHIO — The plaintiff James Bennett filed a worker’s compensation claim for his development of “pleural plaque” disease he attributed to asbestos exposure while working for Scotts Miracle Grow (Scotts). Bennett began receiving benefits for his claim but then filed for additional payments for his recent “asbestosis” diagnosis. The hearing officer denied his claim for … Continued
OHIO — Plaintiff Margie Taylor, the executor of the estate of her father Russell Young, originally filed claims against Goodyear Tire & Rubber Company in the Cuyahoga County Court of Common Pleas, alleging that Young was exposed to asbestos from work on aircraft brake linings during his employment with Goodyear Aerospace Corporation. Goodyear filed a … Continued
OHIO — The decedent Kathleen Schwartz’s husband, Mark Schwartz, filed suit against numerous manufacturers of asbestos-containing products, alleging that asbestos exposure caused her to develop mesothelioma, leading to her death. By the time of trial, Honeywell International, Inc., the successor-in-interest to Bendix Corporation, was the only defendant who remained. The issue at trial — and … Continued