Ohio Court Affirms Order Denying Efforts to Administratively Dismiss Lung Cancer Asbestos Claims

CLEVELAND –– An Ohio appellate court has affirmed a trial court order denying defense efforts to administratively dismiss a lung cancer asbestos suit, finding the plaintiff had established a prima facie case.

In a July 20 opinion, the Ohio Court of Appeals, Eighth Appellate District, County of Cuyahoga, opined that the evidence on the record established that asbestos could be the predominate cause of the plaintiff’s alleged impairment.

In the complaint, the plaintiffs said that Kevin E. Howell was employed with Consolidated in the 1970s in the railroad signal maintenance department, at which time he repaired and maintained railroad …