BURKHART v. H.J. HEINZ CO.

No. 2013-0580.

140 Ohio St.3d 429 (2014)

2014-Ohio-3766

BURKHART, APPELLEE, v. H.J. HEINZ COMPANY, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided September 3, 2014.


Attorney(s) appearing for the Case

Bevan & Associates, L.P.A., Inc., Thomas W. Bevan , David S. Bates , and Joshua P. Grunda , for appellee.

Seeley, Savidge, Ebert & Gourash Co., L.P.A., Keith A. Savidge , Andrew D. Bemer , and Eric D. Baker , for appellant.

Vorys, Sater, Seymour and Pease, L.L.P., Richard D. Schuster , Daniel E. Shuey , and Damien C. Kitte , urging reversal for amicus curiae, Ohio Manufacturers' Association.


O'DONNELL, J.

{¶ 1} In this appeal, we are asked to clarify whether former testimony given by the claimant in a products liability lawsuit against asbestos manufacturers is admissible in a workers' compensation lawsuit against the claimant's employer alleging workplace exposure to asbestos.

{¶ 2} Donald Burkhart worked for H.J. Heinz Company, developed mesothelioma, and subsequently died. He had given deposition...

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