Ohio Court of Appeals: Asbestos Cases

Our case-law library holds 61 asbestos decisions from the Ohio Court of Appeals (1989–2023). Each links to our summary and the full opinion.

• State: Ohio
• Kind of court: State appeals court

Decisions

• Taylor v. BASF Catalysts, LLC (8th Appellate District, 2023). The appeals court reversed the trial court's $250,000 sanctions award against plaintiff's attorneys Bevan in favor of Hallstar and Ester, and vacated the award.
• Milone v. Aii Acquisition Corp., LLC (8th Appellate District, 2022). The appeals court affirmed summary judgment for AII Acquisition Corp. (successor to Holland Furnace) against Elaine Milone, finding no competent evidence that Durwood Milone was exposed to asbestos from Holland furnaces.
• Nuckols v. Consol. Rail Corp. (6th Appellate District, 2022). The court reversed the trial court's summary judgment for Consolidated Rail Corporation and CSX Transportation, which had held Randy Nuckols's FELA claim time-barred, and remanded for further proceedings.
• Maddy v. Honeywell Internatl., Inc. (8th Appellate District, 2020). The court of appeals reversed the trial court's summary judgment for Honeywell, which had granted reconsideration and ruled against the executor of James Maddy's estate, and remanded for further proceedings; it held the appeal of the Civ.R. 60(B) denial moot.
• Blakely v. Goodyear Tire & Rubber Co. (9th Appellate District, 2019). The court of appeals reversed the trial court's summary judgment for Goodyear on the estate's premises, product and supplier liability claims and remanded for further proceedings, rejecting only the estate's first assignment of error.
• Shaffer v. AW Chesterton Co. (9th Appellate District, 2019). The appeals court reversed the trial court's summary judgment for U.S. Steel on the Shaffers' Jones Act and unseaworthiness claims and remanded for further proceedings, in favor of Diane Shaffer and her husband's estate.
• State EX rel. Koepf v. Industrial Commission of Ohio (10th Appellate District, 2019). The Tenth District overruled the widow's objections, adopted the magistrate's decision, and denied her request for a writ of mandamus, leaving the Industrial Commission's denial of loss-of-use compensation in place (Commission and Union Oil prevailed).
• Bennett v. the Scotts Miracle-Gro Co. (3rd Appellate District, 2018). The court of appeals affirmed the trial court's judgment after a bench trial denying James Bennett's workers' compensation claim for asbestosis against self-insured employer Scotts Miracle-Gro, so Scotts prevailed.
• Case v. Clark Indus. Insulation (8th Appellate District, 2018). The appeals court affirmed the trial court's dismissal without prejudice of the claims against John Crane, Inc. for lack of personal jurisdiction, ruling that John Crane had not waived the defense, so Darlene Case lost.
• Heaton v. Ford Motor Co. (8th Appellate District, 2017). The appeals court affirmed summary judgment for McCord Corporation, upholding the exclusion of the key witness's deposition testimony as a discovery sanction, so Heaton lost his claim against McCord.
• Arpin v. Consol. Rail Corp. (8th Appellate District, 2016). The appeals court affirmed the trial court's denial of summary judgment to Conrail and APU, holding that Arpin's 2007 release of an earlier asbestosis claim did not bar his later lung cancer claim, so Arpin prevailed.
• Dennis v. Gen. Motors Corp. (3rd Appellate District, 2016). The court of appeals affirmed the trial court's denial of General Motors' motion for summary judgment, so the widow Fayrene Dennis kept her jury verdict allowing her to participate in the workers' compensation fund.
• Estate OF Blandford v. AO Smith Corp. (8th Appellate District, 2016). The appeals court affirmed summary judgment for supplier Edward R. Hart Company on the strict liability (substituted liability) claims, but reversed it on the negligent failure to warn claim and remanded, a partial win for the Blandford estate and Donna Blandford.
• Schwartz v. Honeywell Internatl., Inc. (8th Appellate District, 2016). The court affirmed the judgment for the plaintiffs against Honeywell on the jury verdict, reversed the directed verdict on punitive damages, and remanded for a new trial on punitive damages.
• Watkins v. Affinia Group (8th Appellate District, 2016). The court of appeals reversed the jury verdict for Barbara Watkins (individually and as executor of Glenn Watkins's estate) against Honeywell, because the trial court admitted the plaintiff's causation experts without holding a Daubert hearing.
• Bryant v. General Motors Corp. (3rd Appellate District, 2015). The court of appeals affirmed the jury verdict for Loretta Bryant, which found her husband's asbestos exposure at GM contributed to his fatal lung cancer and entitled her to workers' compensation death benefits, and rejected GM's challenges to the directed-verdict ruling and two evidence rulings.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (10th Appellate District, 2015). The court overruled Boyd's objections, adopted the magistrate's decision, and denied his request for a writ of mandamus, so the Industrial Commission's denial of permanent total disability compensation stood, in favor of the Commission and Scotts.
• State EX rel. General Motors Company v. Webster (10th Appellate District, 2014). The court overruled General Motors' objections, adopted the magistrate's decision, and denied GM's request for a writ of mandamus, leaving the Industrial Commission's death benefit award to the widow, Dionicia Webster, at the statewide maximum of $775 per week.
• Tucker v. CompuDyne Corp. (8th Appellate District, 2014). The appeals court affirmed the trial court's order requiring CompuDyne to disclose paragraphs 18(a) and (b) of its inadvertently disclosed Litigation Analysis, modified to allow redaction of a few lines of counsel's legal impressions; plaintiffs largely won.
• Burkhart v. HJ Heinz Co. (6th Appellate District, 2013). The court of appeals reversed the summary judgment for H.J. Heinz Co. in the workers' compensation death-benefits appeal brought by Mary Lou Burkhart, and remanded for trial.
• Coffman v. Dept. OF Rehab. & Corr. (10th Appellate District, 2013). The court of appeals affirmed the Court of Claims' dismissal of inmate William Coffman's complaint against the Ohio Department of Rehabilitation and Correction for failure to state a claim, so the Department won.
• Fisher v. Beazer East, Inc. (8th Appellate District, 2013). The court affirmed the denial of Ferro's motions for directed verdict and JNOV, so the estate kept its verdict against Ferro, and it also affirmed the jury's apportionment of fault to Bohazi's former employers, rejecting the estate's cross-appeal.
• Perry v. Dept. OF Rehab. & Corr. (10th Appellate District, 2013). The court affirmed the Court of Claims' dismissal of inmate Alfonsia Perry's suit, so the Ohio Department of Rehabilitation and Correction won and Perry lost.
• Bier v. Am. Biltrite (8th Appellate District, 2012). The appeals court affirmed summary judgment for Union Carbide, ruling that Bier's estate had no evidence that the decedent was exposed to Union Carbide's Calidria asbestos.
• State EX rel. Qunicel v. Indus. Comm. (10th Appellate District, 2012). The court overruled the claimant's objections, adopted the magistrate's decision, and denied Gerald Quincel's mandamus request against the Industrial Commission and DuPont, leaving the denial of his change-of-occupation award in place.
• Fisher v. Alliance Machine Co. (8th Appellate District, 2011). The court affirmed summary judgment for Clark Industrial Insulation, reversed summary judgment for Arthur Louis Supply, and remanded the estate's claim against A. Louis for further proceedings.
• State EX rel. Roger Bacon High School v. Indus. Comm. OF Ohio (10th Appellate District, 2011). The court denied Roger Bacon High School's request for a writ of mandamus, leaving in place the Industrial Commission's award of death benefits to the widow of Patrick Mullaney.
• Welsh v. Ford Motor Co. (8th Appellate District, 2011). The court of appeals affirmed the jury verdict and the denial of directed verdict, JNOV and new trial, so the widow Sylvia Welsh won and Ford Motor Company lost.
• Cantrell v. Adience, Inc. (8th Appellate District, 2010). The appeals court affirmed summary judgment for Borg-Warner, ruling that Alice and Bernard Cantrell had no evidence she was exposed to a Borg-Warner asbestos product during her employment.
• Connell v. Goodyear Tire & Rubber Co. (8th Appellate District, 2010). The court of appeals affirmed the trial court's judgments for Lockheed Martin (summary judgment) and Goodyear (summary judgment on the intentional tort and negligent undertaking claims, a partial directed verdict, and a defense jury verdict on supplier liability), and dismissed Goodyear's cross-appeal for lack of a final appealable order.
• Dean v. Bur. OF Workers'comp. (5th Appellate District, 2010). The court of appeals affirmed summary judgment for Conesville Coal Preparation, American Electric Power and the Bureau of Workers' Compensation, rejecting the widow's claim for death benefits.
• Adams v. Goodyear Tire & Rubber Co. (8th Appellate District, 2009). The court of appeals affirmed summary judgment for Goodyear Tire & Rubber Co. against the estate of Mary and Clayton Adams, represented by executrix Cheryl Boley, because Mary was not exposed to asbestos on Goodyear's property.
• Fagerholm v. Gen. Elec. Co., Inc. (8th Appellate District, 2009). The court of appeals affirmed the trial court's protective order limiting discovery and its summary judgment for General Electric, rejecting Beverly Fagerholm's employer intentional tort claim.
• Oglesby v. Consol. Rail Corp. (6th Appellate District, 2009). The court of appeals affirmed the trial court's dismissal of the medical malpractice claim against Firelands Regional Medical Center and its summary judgment for Consolidated Rail Corporation, so the Oglesby family lost on both claims.
• Polanco v. Asbestos Corp., Ltd. (3rd Appellate District, 2009). The court of appeals reversed the trial court's summary judgment for Maremont Corporation and remanded for trial, so Connie Polanco, the widow, won on appeal.
• Riedel v. Consolidated Rail Corporation (8th Appellate District, 2009). The appeals court affirmed the trial court's administrative dismissal of the plaintiffs' asbestos claims and severance of their non-asbestos claims, rejecting the Railroads' argument that all claims should be dismissed.
• Werts v. Goodyear Tire & Rubber Co. (8th Appellate District, 2009). The appellate court affirmed the judgment on a jury verdict for John Crane, Inc., rejecting Betty Werts's challenges to expert fiber-release testimony and to admission of a proof-of-claim form, which was error but harmless.
• Gomcsak v. US Steel Corp. (9th Appellate District, 2008). The court of appeals affirmed the Lorain County judgment on the jury verdict for U.S. Steel, rejecting the widow Phyllis Gomcsak's challenges to the limit on her expert's testimony and to the denial of a new trial.
• Louden v. AW Chesterton Co. (8th Appellate District, 2008). The appeals court affirmed summary judgment for Cleveland Electric Illuminating Co. (CEI) against the widow, Bertha Louden, on her employer intentional tort claim; one judge dissented.
• Pennsylvania Gen. Ins. Co. v. Park-Ohio Industries, Inc. (8th Appellate District, 2008). The appeals court reversed the trial court's judgment denying Pennsylvania General Insurance equitable contribution from Nationwide and Continental, and remanded for further proceedings on the shares each owes.
• DiCENZO v. A-Best Prods. Co., Inc. (8th Appellate District, 2007). The appeals court reversed summary judgment for Borg-Warner and remanded, reversed summary judgment for George V. Hamilton, Inc. on the strict liability claim and remanded, and affirmed summary judgment for Hamilton on negligent failure to warn, so the plaintiff won in part and lost in part.
• Penn v. A-Best Prods. Co. (10th Appellate District, 2007). The appeals court affirmed in part and reversed in part the trial court's denial of the plaintiffs' motions to prove a prima facie case under H.B. 292. It reversed as to Ward's non-smoker lung cancer claim and the colon and laryngeal cancer claims, and remanded for a determination of whether those claims accrued under the 'should have known' clause; defendants largely lost on the statutory issues.
• Polanco v. Asbestos Corp., Inc. (3rd Appellate District, 2007). The Ohio Court of Appeals dismissed Connie Polanco's appeal from summary judgment for Maremont Corporation for lack of a final appealable order, because 16 defendants remained in the case and the judgment had no Civ.R. 54(B) certification.
• Potts v. 3M Co. (8th Appellate District, 2007). The appeals court affirmed partial summary judgment for The Edward R. Hart Company, holding it was not vicariously liable as a supplier for the bankrupt asbestos manufacturers, and Evelyn Potts lost.
• Rahmes v. Adience Inc. (8th Appellate District, 2007). The court of appeals affirmed summary judgment for R.E. Kramig & Company, ruling against the Estate of Robert Rahmes, because the Estate did not show Kramig supplied the asbestos products to Armco Steel or that they were a substantial factor in his illness.
• State EX rel. Pilkington N. AM. v. Indus. Comm. (10th Appellate District, 2007). The court adopted its magistrate's decision and granted a writ of mandamus ordering the Industrial Commission to vacate the order placing 100 percent of risk liability on Pilkington as a self-insured employer and to issue an amended allocation order; Pilkington largely won, but its request to assign the claim wholly to the state fund was denied.
• Varner v. Ford Motor Co. (8th Appellate District, 2007). The court of appeals affirmed summary judgment for Ford Motor Company, holding Yvonne Varner's workers' compensation death claim was filed too late.
• Vince v. Crane Co. (8th Appellate District, 2007). The appeals court affirmed summary judgments for Crane Company and Goodyear Tire & Rubber against the estate of Nathalie Vince, and dismissed Owens-Illinois from the appeal because it had settled with the estate.
• Barone v. Gatx Corp. (11th Appellate District, 2006). The appeals court reversed the trial court's denial of John Crane's motion for judgment notwithstanding the verdict, and remanded with instructions to enter judgment for John Crane over the executor's $32,600 verdict.
• Blandford v. A-Best Prods. Co. (8th Appellate District, 2006). The appeals court reversed the $6.4 million jury verdict for plaintiff Kathleen Blandford against Garlock Sealing Technologies and remanded for a new trial, because the trial court wrongly allowed a surprise expert and video on rebuttal.