Turner v. Certainteed Corp.
2016 Ohio 7776
Ohio Ct. App.2016Background
- In 2014 Bobby Turner sued Union Carbide and others alleging occupational asbestos exposure caused his April 2013 lung cancer diagnosis; Union Carbide moved to administratively dismiss under R.C. 2307.92–.93 for failure to file prima facie medical proof.
- Turner filed an affidavit and medical records asserting he was a nonsmoker (quit around 1957); Union Carbide withdrew an initial dismissal motion and the case proceeded.
- Shortly before the 2015 trial, Union Carbide renewed its dismissal motion, producing additional records and testimony it contended showed Turner smoked cigars for decades and thus was a “smoker” under R.C. 2307.91(DD).
- Turner disputed that he was a smoker (arguing cigar/occasional use doesn't meet the statutory definition) and contested the weight/accuracy of the records.
- The trial court reviewed competing evidence, found the preponderance of records supported no recent smoking, concluded Turner was not a smoker under the statute, and denied administrative dismissal; the Eighth District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether, when conflicting evidence exists about a plaintiff's smoking status, the plaintiff must prove nonsmoker status via a "written report of a competent medical authority" before surviving an administrative-dismissal motion under R.C. 2307.92–.93 | Turner: he is a nonsmoker based on affidavit, medical records, and testimony; occasional cigar use (if any) does not make him a statutory "smoker" and no competent-medical-authority report is required to establish nonsmoker status. | Union Carbide: once there is evidence plaintiff smoked within 15 years, plaintiff must produce a written report from a competent medical authority to prove he is not a "smoker" under R.C. 2307.91(DD). | Court: The smoker question is a threshold factual determination for the court based on admissible evidence; plaintiffs need not use a "competent medical authority" to prove they are nonsmokers. A competent medical authority report is required only if the plaintiff is determined to be a smoker and must then meet prima facie medical requirements. |
Key Cases Cited
- Renfrow v. Norfolk S. Ry. Co., 140 Ohio St.3d 371 (Ohio 2014) (smoker-plaintiffs must supply a competent medical authority diagnosis showing asbestos was a substantial contributing factor to lung cancer to meet prima facie requirements).
- Wisintainer v. Elcen Power Strut Co., 67 Ohio St.3d 352 (Ohio 1993) (appellate courts should not substitute their judgment where competent, credible evidence supports trial court findings).
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (same principle on appellate review of factual determinations).
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review: presume in favor of trial-court findings when evidence supports multiple constructions).