Fischer Estate v. Allied Chem. Co.

2008 Ohio Misc. LEXIS 459 (2008)

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Fischer Estate v. Allied Chem. Co.

Ohio Court of Common Pleas
2008 Ohio Misc. LEXIS 459 (2008)

  • Written by Tammy Boggs, JD

Facts

According to evidence produced as part of a motion for summary judgment, Clyde Fischer worked as an insulator at an industrial facility, Buckeye Ordnance Works, which was owned by the United States Department of Defense (DOD). Various products were manufactured at the facility, including turbines. In 1942, insulation that contained asbestos was packaged and delivered to the facility at the behest of the DOD through a third party. At the direction of the DOD, the asbestos-containing insulation was installed in turbines. In 1949, Allied Signal Corporation obtained the facility from the DOD, and another company, Solvay Process Co., refurbished and rebuilt the turbines in the facility. In the process, the alleged asbestos-containing insulation was completely removed and replaced. In or around 1955, Fischer had contact at the facility with turbines manufactured by Elliott Turbomachinery Co., Inc. (Elliott) (defendant). Thereafter, Fischer developed an asbestos-related illness. In 1991, Fischer sued 24 companies based on asbestos exposure. Certain companies that manufactured and sold asbestos-containing products reached a settlement with Fischer. In 2004, Fischer died. Subsequently, parties representing Fischer’s estate (plaintiffs) sued 25 additional companies that manufactured valves, pumps, compressors, turbines, and gaskets (defendants), including Elliott. Fischer’s estate alleged that Fischer was exposed to an asbestos-containing product manufactured by Elliott. Elliott moved for summary judgment, arguing that there was no evidence of any link between Fischer’s illness and Elliott’s turbines.

Rule of Law

Issue

Holding and Reasoning (Sweeney, J.)

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