Union Carbide Corporation et al. v. Bobby Turner et al., Case No. 2017-0004
Eighth District Court of Appeals (Cuyahoga County)
- When the smoking habits of a person with lung cancer who claims the cancer is asbestos-related are in dispute, must the person provide a report from a "competent medical authority" demonstrating the person is a non-smoker in order to move forward with an asbestos-related lawsuit?
- May a trial court determine by the weight of the evidence whether the person with lung cancer is a "smoker" as defined in R.C.2307.91(DD), and decide if additional evidence must be submitted before the case moves forward?