Manufacturers' Solvency Precludes Supplier's Vicarious Liability

CLEVELAND - An Ohio court has ruled that an insulation supplier cannot be held vicariously liable for alleged asbestos-related injuries if the manufacturers of the asbestos, despite filing for bankruptcy, remain solvent and subject to judicial process. Potts, et al. v. 3M Co., et al., No. 87977 (Ohio Ct. App., 8th Dist., Cuyahoga Cty.).

On March 15, the 8th Appellate District for Ohio's Court of Appeals affirmed an award of partial summary judgment for supplier defendant The Edward R. Hart Company, finding that although Johns-Manville Corp., Celotex Corp. and Owens Corning Fiberglass Corp. all filed and secured bankruptcy, each of …