Summary
The Supreme Court of Ohio accepted the discretionary appeal and reversed the court of appeals’ judgment on the authority of Ackison v. Anchor Packing Co. The case concerns the application of Ohio’s asbestos-litigation statute, including the competent-medical-authority requirement and the statutory exception for impairment of substantive rights. Justice Pfeifer dissented, arguing that the case should have been briefed and argued regarding the continuing effect of the statutory exception.
Topics
Practice areas
Questions Presented
- Whether the trial court properly exempted Cross from the statutory competent-medical-authority requirements under R.C. 2307.93(A)(3)(a).
- Whether the court of appeals' judgment should be reversed under Ackison v. Anchor Packing Co.
Holdings
- The court of appeals' judgment was reversed on the authority of Ackison v. Anchor Packing Co.
Key quotations
“The judgment of the court of appeals is reversed on the authority of Ackison v. Anchor Packing Co., 120 Ohio St. 3d 228, 2008-Ohio-5243, 897 N.E.2d 1118.” (¶ 2)
Factual background
Milton B. Cross claimed lung cancer caused by asbestos exposure. The trial court determined that applying the statutory definition of competent medical authority under Ohio's asbestos-litigation statute would impair Cross's substantive rights and violate Article II, Section 28 of the Ohio Constitution. It therefore applied the pre-statute witness-competency standard in Evid.R. 702, and the court of appeals affirmed.
Procedural history
The trial court exempted Milton B. Cross from certain requirements of Ohio's asbestos-litigation statute concerning competent medical authority, finding that applying those requirements impaired his substantive rights in violation of Article II, Section 28 of the Ohio Constitution. The court of appeals affirmed. The Supreme Court of Ohio accepted the discretionary appeal and reversed.