Ohio Supreme Court: Asbestos Cases

Our case-law library holds 16 asbestos decisions from the Ohio Supreme Court (1983–2018). Each links to our summary and the full opinion.

• State: Ohio
• Kind of court: State supreme court

Decisions

• Schwartz v. Honeywell Internatl., Inc. (2018). The Ohio Supreme Court reversed the court of appeals' affirmance of the verdict and held that Honeywell, as successor to Bendix, should have received a directed verdict, so the plaintiff Schwartz lost.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (2016). The Ohio Supreme Court affirmed the court of appeals' denial of Robert Boyd's mandamus petition, leaving in place the Industrial Commission's denial of permanent-total-disability benefits, so Scotts Miracle-Gro and the Commission prevailed.
• Burkhart v. HJ Heinz Co. (2014). The Ohio Supreme Court reversed the court of appeals' ruling that Donald Burkhart's earlier deposition was admissible against H.J. Heinz, and remanded for the trial court to decide whether the remaining evidence creates a genuine issue of fact; Heinz won on the evidence issue and Mrs. Burkhart lost it.
• Bowens v. Sager Corp. (In re All Cases Against Sager Corp.) (2012). The Ohio Supreme Court reversed the court of appeals and held the trial court could not appoint a receiver for dissolved Illinois corporation Sager, ruling for Sager and against the asbestos claimants, and remanded.
• Boley v. Goodyear Tire & Rubber (2010). The Ohio Supreme Court affirmed the lower courts' summary judgment for Goodyear Tire & Rubber, so the executor of Mary Adams's estate and Clayton Adams lost their take-home asbestos claims against Goodyear.
• Penn. Gen. Ins. v. Park-Ohio Ind. (2010). The Ohio Supreme Court affirmed the court of appeals, which had reversed the trial court, so Pennsylvania General Insurance Company won contribution from nontargeted insurers Nationwide and Continental, who lost because they were not prejudiced by the late notice.
• DiCenzo v. A-Best Prods. Co. (2008). The Ohio Supreme Court reversed the court of appeals and reinstated the trial court's summary judgment for George V. Hamilton, Inc. on the strict-liability claim, holding Temple v. Wean applies only prospectively, so the DiCenzo plaintiffs lost that claim.
• State EX rel. Pilkington North America, Inc. v. Indus. Comm. (2008). The Ohio Supreme Court reversed the court of appeals' mandamus grant and held that the Industrial Commission did not abuse its discretion in naming Pilkington, successor to Libbey Owens Ford's self-insured claims, as the amenable employer, so the commission prevailed over Pilkington.
• State ex rel. Hiatt v. Indus. Comm. (2003). The Ohio Supreme Court affirmed the court of appeals' denial of a writ of mandamus, upholding the Industrial Commission's award of only the statutory minimum death benefit to the widow, Hiatt, over her claim for a higher award.
• State ex rel. Hubbard v. Indus. Comm. (2002). The Ohio Supreme Court granted the widow's writ of mandamus, ordering the Industrial Commission to vacate its abatement order and reactivate the claim to determine benefits owed for April 23, 1999 through January 14, 2000.
• State ex rel. Maynard v. Indus. Comm. (2002). The Ohio Supreme Court denied the widow's request for a writ of mandamus, leaving the Industrial Commission's refusal to raise her weekly death benefit to the statutory maximum in place.
• State ex rel. Thompson v. Ohio Edison Co. (1999). The Ohio Supreme Court affirmed the court of appeals' judgment, upholding the Industrial Commission's minimum-level death benefit award and ruling against the claimant widow and in favor of Ohio Edison and the Commission.
• Horton v. Harwick Chem. Corp. (1995). The Ohio Supreme Court reversed the court of appeals, which had upheld summary judgment for the asbestos product defendants, and remanded to the trial court, so the Hortons and Derrick won on the causation standard. It agreed with the appellate court that alternative liability does not apply.
• State ex rel. Liposchak v. Indus. Comm. (1995). The Ohio Supreme Court granted a writ of mandamus, ordering the Industrial Commission to vacate its denial of permanent total disability compensation and to declare claimant Liposchak permanently and totally disabled, ruling against the commission.
• Goldman v. Johns-Manville Sales Corp. (1987). The Ohio Supreme Court reversed the court of appeals, held that neither alternative liability nor market-share liability applied, and remanded to reinstate summary judgment for all the asbestos-company defendants against the executrix of Roy Goldman's estate.
• O'stricker v. Jim Walter Corp. (1983). The Ohio Supreme Court ruled for the plaintiff, holding the action timely under a discovery rule, and remanded to the trial court for further proceedings on the merits against the asbestos-product defendants.