Asbestos Lung Cancer Claims of Smoker Can Proceed, Ohio Appellate Court Rules

CLEVELAND –– An Ohio appellate court has upheld a decision denying efforts by several asbestos defendants to administratively dismiss the asbestos-related lung cancer claims of a smoker, ruling that the plaintiffs had provided enough evidence to support a causal link between the injury and asbestos exposure.

In the March 22 ruling, the Ohio 8th District Court of Appeals said that the trial court was “on firm ground” when it ruled against the railroad defendants.

Consolidated Rail Corp., American Premier Underwriters Inc., and Norfolk Southern Railway Co. filed the appeal, saying the trial court erred when it denied a motion …