Court Says Lack of Qualified Causation Evidence Precludes Participation in Fund

LIMA, Ohio - An Ohio appeals court has affirmed a decision to dismiss several asbestosis claims based on the plaintiffs' failure to produce more than a b-read indicating that they suffered from an asbestos-related disease. Anders, et al. v. Powertrain Division, GMC, et al., No. 4-03-16 (Ohio Ct. App., Third Dist.).

In a decision issued May 17, Ohio's Third Appellate District Court of Appeals upheld a trial court's award of summary judgment to two employers who claimed that the plaintiffs in 32 cases ignored their obligation under Ohio law to supplement the b-reads with information from a qualified medical specialist …