RIEDEL v. CONSOL. RAIL CORP.

No. 2009-1070.

125 Ohio St.3d 358 (2010)

2010-Ohio-1926

RIEDEL et al., Appellees, v. CONSOLIDATED RAIL CORPORATION et al., Appellants.

Supreme Court of Ohio.

Decided May 6, 2010.


Attorney(s) appearing for the Case

Doran & Murphy, L.L.P., Christopher M. Murphy, and Michael L. Torcello; and Mary Brigid Sweeney Co., L.L.P., and Mary Brigid Sweeney, for appellees.

Burns, White & Hickton, L.L.C., David A. Damico, Ira L. Podheiser, and Megan L. Zerega, for appellants.

Gallagher Sharp, Kevin C. Alexandersen, Colleen A. Mountcastle, and Holly M. Olarczuk-Smith, urging reversal for amicus curiae, Grand Trunk Western Railroad, Inc.


PFEIFER, J.

{¶ 1} The proposition of law presented by the appellants is as follows: "An asbestos claim subject to H.B. 292 may not be severed from non-asbestos claims arising from the same lawsuit and involving the same indivisible jury."1 We conclude that the General Assembly did not intend the statutory scheme addressing asbestos claims to apply to non-asbestos claims and, therefore, that non-asbestos claims can be...

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