Judge Awards Summary Judgment on Failure-to-Warn Claims

CLEVELAND -- An Ohio judge has found that a welding fume plaintiff's failure-to-warn claims are precluded because the plaintiff admitted during his deposition that he did not read the warnings or safety sheets provided by the defendants. In re: Welding Rod Civil Actions Products Liability Litigation; Boyd, et al. v. Lincoln Electric Co., et al., No. 54513 (Ohio Ct. Comm. Pls., Cuyahoga Cty.).

On June 26, Justice Francis E. Sweeney opined that the defendants had provided enough evidence to demonstrate that when a plaintiff does not read the warning label, proximate cause cannot be established.

Joseph Boyd claims that his …