Defendants Ask Ohio Supreme Court to Dismiss Failure-to-Warn Claims

COLUMBUS, Ohio - Welding products manufacturer Deloro Stellite has asked the Ohio Supreme Court to overturn an intermediate court ruling reinstating a welding plaintiff 's failure-to-warn claims. Boyd v. Lincoln Electric Co., et al., No. 09-0376 (Ohio Sup. Ct.).

The defendant filed its notice of appeal on Feb. 26 after the Ohio Court of Appeals declined to reconsider its Nov. 26 ruling reinstating the claims by Joseph Boyd (See HarrisMartin's Litigation Watch: Welding Fumes, Jan. 2009).

In its November ruling, the Court of Appeals concluded that Boyd raised sufficient questions of fact to allow trial on warning claims, but it …