Ohio Court Affirms Award of Summary Judgment to Gasket Manufacturer in Asbestos Case

CLEVELAND –– An Ohio appellate court has affirmed an award of summary judgment entered in favor of a gasket manufacturer, ruling that a late-disclosed affidavit, upon which the plaintiff relied to support claims against the defendant, was not wrongfully precluded.

In a Sept. 7 opinion, the Ohio Eighth Appellate District Court of Appeals for Cuyahoga County opined that the withholding of the affidavit, intentional or not, still constituted a breach of duty.

Plaintiff Paul Heaton asserted the claims against a number of defendants, including Honeywell International and McCord Corp., contending that Robert Brawley’s mesothelioma was caused by exposure to …