Ohio Supreme Court: Cumulative Exposure Theory is ‘Inconsistent’ With Causation Test

COLUMBUS, Ohio –– The Ohio Supreme Court has reversed an intermediate appellate court decision upholding an asbestos plaintiff verdict, finding that the evidence in the case “was not sufficient to show that exposure to asbestos from the manufacturer’s product was a substantial factor” in causing the alleged injuries.

In the Jan. 24 opinion, the state’s highest court opined that the state’s “substantial factor” requirement cannot be met through cumulative exposure theory, “which postulates that every non-minimal exposure to asbestos is a substantial factor in causing mesothelioma.”

The plaintiffs asserted the claims on behalf of Kathleen Schwartz, contending that she developed …