Ohio Court Upholds Decision Allowing Asbestos Case of Smoker to Proceed

CLEVELAND –– An Ohio appellate court has affirmed a lower court’s decision to deny Norfolk Southern Railway Co.’s attempt to dismiss an asbestos case, saying that the plaintiff could rely on Veterans Administration medical records to help fulfill part of the competent medical authority requirement of filing an asbestos claim on behalf of a smoker.

In its March 28 decision, the Ohio 8th District Court of Appeals for Cuyahoga County said that the records could be used by an expert who is a competent medical authority to determine whether the decedent’s exposure to asbestos contributed to the development of lung …