Ohio Mesothelioma Lawyer and Legal Information

A plaintiff filing suit in Ohio must have a medical diagnosis that demonstrates physical impairment under criteria established by the American Medical Association. Proponents claim that this provision frees up valuable resources to be applied to those who actually need them. At the same time, it preserves the right of those who have been affected by asbestos but are not physically ill to sue if they later develop symptoms.

Determination of Liability

Ohio courts follow a modified comparative negligence - 51 percent system in determining whether damages should be awarded. Under the Ohio system, a plaintiff may still recover some damages as long as they are 50 percent or less at fault in their own injury, but the amount of damages is reduced in proportion to the plaintiff's degree of fault. In other words, in a case where the plaintiff is determined to be 35 percent at fault in their own injury and the amount of damages is $100,000, the plaintiff can recover $65,000.

In cases involving multiple defendants, the Ohio courts apply modified joint and several liability to apportion the judgment among the defendants. A defendant found 51 percent or greater at fault in causing the plaintiff's injury can be subject to joint and several liability for economic damages. A defendant found less than 51 percent liable is only responsible for the share of the damages that corresponds to their share of the fault. Non-economic damages are apportioned to each defendant according to their portion of the fault.

Ohio Asbestos Litigation

Ohio is ranked fifth in the U.S. for mesothelioma cases filed. When the legislature enacted the Victim Fairness bill in 2004, there were more than 40,000 suits pending in Ohio's largest county. Below are examples of asbestos-related cases in Ohio:

2000 - Lynne Marion et al v. A-Best Products Co.: A Cuyahoga County jury awarded $4.5 million to family of man who died of mesothelioma due to exposure to asbestos in friction brake products.

2001 - Robinson v. North American Refractories: In another Cuyahoga County lawsuit, the jury awarded $3.5 million to a steelworker who developed mesothelioma in the course of his work.

2003 - Blandford v. Garlock, Inc : A jury awarded $6.4 million to the family of an Ohio steelworker who developed mesothelioma after exposure to the company's asbestos containing products.

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