Ohio Appellate Court Reverses Dismissal of Intentional Tort Claims in Benzene Case

AKRON, Ohio -- An Ohio appellate court has reversed the dismissal of intentional tort claims in a benzene case, finding that the defendant failed to prove that it would be prejudiced by the retroactive application of case law allowing the claims to proceed. Widican, et al. v. Bridgestone/Firestone North American Tire LLC, No. 25674 (Ohio Ct. App., 9th Jud. Dist.).

In the Dec. 21 opinion, the Ohio 9th Judicial District Court of Appeals opined that the employer defendant had not submitted any evidence on the time commitment, financial burden or any other hardship that it would undergo should the plaintiffs …