Split Ruling Issued on Respirator Co. Duty to Warn, Proximate Cause Arguments

CLEVELAND - A trial court has held that defendant Mine Safety Appliances did not have a duty to warn plaintiffs of potential hazards associated with wearing the company's respirators in a foundry environment. In Re: Jackson Group A; Woodard, et al. v. 3M Co., et al., No. 469127 (Ohio Comm. Pls., Cuyahoga Cty.).

In a decision issued Sept. 16, Cuyahoga County Court of Common Pleas Judge Francis E. Sweeney held that MSA is entitled to summary judgment on failure to warn allegations because the plaintiffs failed to provide evidence that MSA was aware of any defects in its respirators at …