Ohio Asbestos Case Law

Asbestos decisions from Ohio's courts and the federal courts there: 111 cases in our library so far. For what the law requires today, see Ohio asbestos laws; for where exposure happened, see Ohio asbestos exposure sites.

State supreme court

Ohio Supreme Court

• 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.

State appeals courts

Ohio Court of Appeals

• 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.