Court Finds Evidence Insufficient to Pass Substantial Factor Test

CLEVELAND -- An Ohio appellate court has affirmed a summary judgment award to an asbestos defendant, but expressed regret that the plaintiffs did not appeal a separate order striking nine depositions that allegedly provide evidence of the defendant's product at the plaintiff's work facility. Rahmes, et al. v. Adience, Inc., et al., No. 88427 (Ohio Ct. App., 8th Dist.).

In the Aug. 23 decision, the Ohio Court of Appeals for the Eighth Appellate District ruled that based on the record, there was insufficient evidence indicating that the defendant's product was a substantial factor in causing the decedent's mesothelioma.

The plaintiffs, …