Ohio Federal Court Awards Summary Judgment to Asbestos Defendant After Finding Deposition Constituted ‘Inadmissible Hearsay’

CLEVELAND –– An Ohio federal court has awarded summary judgment to an asbestos defendant, first finding that the plaintiff’s deposition, in which the decedent named the defendant’s product, was inadmissible hearsay and then ruling that without that testimony, the plaintiffs had failed to support their claims.

In the Oct. 18 opinion, the U.S. District Court for the Northern District of Ohio opined that the defendant was not afforded a reasonable opportunity to cross-examine the decedent during depositions taken prior to his death.

Plaintiff Donald French filed the case, contending that he developed malignant mesothelioma as a result of exposure to …