The Ohio Supreme Court recently held that R.C. 2307.92, requiring a smoker with an asbestos claim to present a diagnosis by a competent medical authority that the exposure to asbestos is a substantial contributing factor in order to avoid dismissal, did not violate the Ohio Constitution. The plaintiff asserted that these requirements violated the plaintiff’s rights to a meaningful, timely remedy under Ohio Constitution, Article I, Section 16 or the right to a jury trial under Ohio Constitution, Article I, Section 5.
Renfrow v. Norfolk S. Ry. Co. , 2014-Ohio-3666.
