Occupational Disease Cases: Asbestos Claims

(Court of Appeals)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Dellick v. Eaton Corp. (2/9/05)

Testimony of claimant and medical experts was sufficient to support jury's decision to permit claimant to participate for occupational disease of asbestosis.

Vote: 3-0
Opinion by: Judge Donofrio
Appellate District: 7

Gomez v. Sauder Woodworking Co. (5/16/08)

Evidence of exposure to asbestos in employment, and medical evidence that the exposure to asbestos in employment caused the asbestos-related occupational disease, was sufficient to present claim for workers' compensation benefits to the jury.

Vote: 3-0
Opinion by: Judge Osowik
Appellate District: 6

Miller v. Gen. Motors Corp. (11/2/06)

Claimant who testified about exposure to asbestos based on familiarity with asbestos, observation of professionals removing asbestos, signs indicating presence of asbestos and exposure to dust in areas where asbestos was present offered sufficient evidence to establish personal knowledge of asbestos exposure.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

Snyder v. Ford Motor Co. (12/5/05)

Trial court improperly granted summary judgment when there was a genuine issue over whether worker was exposed to asbestos while working at different employers.

Vote: 3-0
Opinion by: Judge Bryant
Appellate District: 3

Welsh v. Ford Motor Co. (2/3/11)

Jury’s finding that exposure to asbestos in the workplace caused the colon cancer which killed a worker was supported by evidence of asbestos exposure in the workplace and doctor's opinion that this exposure was a cause of the colon cancer.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8