Fisher v. Beazer E., Inc., 2013 Ohio 5251

Bohazi worked as a boilermaker from 1951–1985 at Youngstown Sheet & Tube in Campbell, Ohio.
He was exposed to asbestos-containing materials in the open hearth/pouring areas and near hot tops used in molding and cooling.
Dust and fibers from asbestos-containing products were generated during use, maintenance, and removal processes.
Bohazi was diagnosed with mesothelioma in 2009 and later died in 2011; Fisher was substituted as plaintiff as executor of Bohazi’s estate.
The Standing Order Regarding Asbestos Personal Injury Complaints governed the case, which eventually went to trial against Ferro Engineering Division of Marine Services Co.
The jury found Ferro liable (6% fault) and the court apportioned liability; plaintiff cross-appealed the apportionment among Bohazi’s former employers as “empty chair” parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Directed verdict and JNOV standard in multi-defendant asbestos cases	Fisher argued Ferro’s exposure evidence supports liability	Ferro contends insufficient evidence of substantial factor exposure	Denial of directed verdict and JNOV affirmed
Whether Bohazi’s former employers could be included in apportionment	Employee-immunity or workers’ comp immunity should exclude employers from apportionment	R.C. 2307.23 allows apportionment of fault to others, including absent parties	Empty-chair entities properly included in apportionment
Scope of apportionment under R.C. 2307.22 and 2307.23	Fault of absent entities should be redistributed among others at fault	Neutral entities may be allocated fault per statute when not seeking recovery	Court affirmed inclusion of absent parties and proportional fault framework

Whitaker v. Kear, 123 Ohio App.3d 413 (Ohio 1997) (directed verdict/JNOV standards for appeals in tort cases)
Posin v. A.B.C. Motor Court Hotel, Inc., 45 Ohio St.2d 271 (Ohio 1976) (test for JNOV and importance of substantial factor in causation)