Turner v. Certainteed Corp.
2016 Ohio 7776
| Ohio Ct. App. | 2016Background
- Bobby Turner sued Union Carbide (and others) in 2014 alleging occupational asbestos exposure caused his lung cancer; Turner previously worked as a drywall finisher through the 1960s–1970s.
- Union Carbide moved to administratively dismiss under R.C. 2307.92–.93, initially arguing Turner failed to timely file prima facie medical evidence; Turner opposed with an affidavit and medical records asserting he was a nonsmoker.
- Union Carbide withdrew that initial motion but, two weeks before trial in 2015, renewed a dismissal motion asserting newly obtained records/deposition evidence showed Turner was a smoker under R.C. 2307.91(DD).
- Turner maintained his records and testimony showed he was a nonsmoker (or only an occasional cigar smoker), and argued cigar/occasional use does not meet the statutory "smoker" definition.
- The trial court found conflicting evidence but concluded the preponderance of medical notations supported Turner as a nonsmoker and denied dismissal; Union Carbide appealed only the legal standard applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff must submit a "written report of a competent medical authority" to prove he is not a "smoker" when evidence conflicts | Turner: No — smoker status is a factual threshold; competent medical authority is required only after a person is determined to be a smoker and then only to make the prima facie medical showing | Union Carbide: Yes — Renfrow requires strict application of the statutory "competent medical authority" language, so plaintiff must prove nonsmoker status by written medical report when smoking evidence exists | Held: Court affirmed Farnsworth — smoker status is a factual threshold decided from submitted evidence; a written report from a competent medical authority is not required to establish nonsmoker status before moving to prima facie medical proof under R.C. 2307.92–.93 |
Key Cases Cited
- Renfrow v. Norfolk S. Ry. Co., 140 Ohio St.3d 371, 18 N.E.3d 1173 (Ohio 2014) (smoker-plaintiff must supply diagnosis by a competent medical authority to meet prima facie showing under R.C. 2307.92–.93)
- Eastley v. Volkman, 132 Ohio St.3d 328, 972 N.E.2d 517 (Ohio 2012) (standard for manifest-weight review)
- Wisintainer v. Elcen Power Strut Co., 67 Ohio St.3d 352, 617 N.E.2d 1136 (Ohio 1993) (appellate deference where competent, credible evidence supports trial court findings)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (Ohio 1984) (appellate review principles regarding factual findings)