Court Approves Retroactive Application of Ohio's Asbestos Legislation

MIDDLETOWN, Ohio - An Ohio appellate court has ruled that provisions in the state's asbestos legislation requiring plaintiffs to make a prima facie showing of physical impairment are procedural and, therefore, can be applied retroactively to cases filed before the legislation was enacted. Stahlheber v. Du Quebec, LTEE, et al., No. CA2006-06-134; Staley v. AC&S Inc., et al., No. CA2006-06-133 (Ohio Ct. App., 12th Dist., Butler Cty.).

The 12th Appellate District for Ohio's Court of Appeals said in a pair of Dec. 28 opinions that the Butler County Court of Common Pleas erred when finding that provisions of Ohio's Amended …