TURNER v. CERTAINTEED CORP.

No. 2017-0004.

119 N.E.3d 1260 (2018)

155 Ohio St.3d 149

2018-Ohio-3869

TURNER, Appellee, et al., v. CERTAINTEED CORPORATION et al.; Union Carbide Corporation, Appellant.

Supreme Court of Ohio.

Decided September 27, 2018.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Richard D. Schuster , Perry W. Doran II , Daniel E. Shuey , and Damien C. Kitte , Columbus, for appellant.

McDermott & Hickey, L.L.C., Kevin E. McDermott , Rocky River, and Christopher J. Hickey ; and Levy Konigsberg, L.L.P., and Donald P. Blydenburgh , for appellee.

Bricker & Eckler, L.L.P., Anne Marie Sferra , and Kara Herrnstein , Columbus, urging reversal for amici curiae, Ohio Manufacturers' Association, Ohio Alliance for Civil Justice, and Ohio Council of Retail Merchants.


{¶ 1} When a plaintiff is a "smoker" who alleges that he or she suffers from lung cancer as a result of asbestos exposure, the plaintiff must make a prima facie showing that satisfies the requirements listed in R.C. 2307.92(C)(1), including a "diagnosis by a competent medical authority that the [plaintiff] has primary...

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