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

• Rettig v. Gen. Motors Corp. (8th Appellate District, 2006). The appeals court affirmed summary judgment for Toledo Edison, reversed summary judgment for General Motors, and remanded because a fact question remained on whether Rettig or his employer knew of asbestos dangers.
• Snyder v. Ford Motor Co. (3rd Appellate District, 2005). The appeals court affirmed the January 2004 order denying summary judgment to Rosemary Snyder and to Ford, reversed the May 2005 summary judgment for Ford, General Dynamics and the Administrator, and remanded for a determination of her right to participate in the workers' compensation fund.
• State EX rel. Abex Corp./electro Alloys Div. v. Indus. Comm. OF Ohio (10th Appellate District, 2005). The court granted a limited writ of mandamus for the employer Abex/Electro Alloys, ordering the Industrial Commission to vacate its finding that Abex was the sole liable employer, notice the claimant's other former employers, and issue an amended order on employer liability, while leaving the mesothelioma claim allowance undisturbed.
• Anderson v. AC & S., Inc. (8th Appellate District, 2003). The appeals court reversed the grant of summary judgment to the railroads on Shirley Anderson's survival claim and affirmed the denial of summary judgment on her wrongful-death claim, overruling the railroads' cross-appeal and remanding.
• Heard v. Conrad (7th Appellate District, 2000). The court of appeals affirmed summary judgment for the Bureau of Workers' Compensation, the Industrial Commission and Eichleay Corporation, holding that George Heard's occupational disease claim was filed too late.
• Estate of Orecny v. Ford Motor Co. (8th Appellate District, 1996). The appeals court reversed the trial court's order granting Ford Motor Company's Civ.R. 60(B) motion to vacate the settlement, held that the settlement did not abate on the widow's death, and remanded, so the widow's estate prevailed.
• Baechel v. Sears, Roebuck & Co. (1994). The court of appeals affirmed the jury verdict and judgment allowing JoAnn Baechel to participate in the Workers' Compensation Fund for her husband's death, rejecting Sears's three assignments of error.
• Columbus Bd. of Edn. v. Armstrong World (1993). The appeals court reversed summary judgment for Pfizer, finding the school board's claim accrued in 1981 and was timely, but affirmed summary judgment for Basic, Inc., because the amended complaint adding it did not relate back, and remanded.
• Lynch v. Mayfield (1991). The court of appeals affirmed the judgment on a jury verdict that Susie Mae Lynch, widow of Earl Lynch, was not entitled to participate in the Workers' Compensation Fund, so the employer Ferro prevailed.
• Bush v. Abex Corp. (1989). The Ohio Court of Appeals reversed the summary judgments for Lac d'Amiante du Quebec and Asbestos Corporation, Limited, and remanded for further proceedings, finding a genuine factual issue on whether David Bush was exposed to their asbestos; Delores Bush won the appeal.
• Gradwell v. AS Helbig Constr. Co. (1989). The court of appeals reversed the trial court's dismissal of W.G. Lockhart Construction Co. and W.E. Plechaty Co. and held that the widow, Mary Jane Gradwell, could join them as parties in her workers' compensation death-benefits appeal.