Ohio Court Remands Lung Cancer Case for Determination on Smoker Status

CLEVELAND -- An Ohio appellate court has remanded an asbestos case for a second time with directions for the trial court to reconsider whether the decedent was a smoker as defined by state law. Fields v. CSX Transportation Inc., et al., No. 96831 (Ohio 8th Dist. Ct. App., Cuyahoga Cty.).

In doing so, the Ohio 8th District Court of Appeals for Cuyahoga County found that the trial court had improperly excluded medical records as hearsay when making its initial determination.

The plaintiffs brought the claims under the Federal Employers' Liability Act and the Locomotive Inspection Act on behalf of …