OLSON v. CONSOL. RAIL CORP.

No. 90790.

2008 Ohio 6641

Jeffrey A. Olson, Plaintiff-Appellee, v. Consolidated Rail Corp., et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: December 18, 2008.


Attorney(s) appearing for the Case

David A. Damico, Ira L. Podheiser, Burns, White & Hickton, LLC, Four Northshore Center, 106 Isabella Street, Pittsburgh, PA 15212-3001, Attorneys for Appellants.

Michael H. Doran, Christopher M. Murphy, Michael L. Torcello, Doran & Murphy, LLP, 1234 Delaware Avenue, Buffalo, NY 14209, Attorneys for Appellee.

Before: Boyle, J., Cooney, P.J., and Calabrese, J.


JOURNAL ENTRY AND OPINION

BOYLE, M.J., J.:

{¶ 1}This appeal involves the narrow issue of whether the trial court properly determined that the factual circumstances of the underlying asbestos-related case warranted the application of R.C. 2307.93(A)(3)(a) ("the savings clause"), which allows a trial court to apply the law that existed before the enactment of Am.Sub.H.B. No. 292 ("H.B. 292"), effective September 2, 2004. Although we recognize...

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