Insufficient Service in Consolidated Asbestos Case Should Not Have Prompted Dismissal With Prejudice, Ohio Court Rules

CLEVELAND - Plaintiffs in several asbestos cases consolidated in Ohio will be given another opportunity to pursue claims against a defendant dismissed from the case after they failed to sufficiently serve the company. Abel, et al. v. Safety First Industries, Inc., No. 80550 (Ohio Ct. App., Eight Dist.).

In its Nov. 27 opinion, the Eighth District Ohio Court of Appeals ruled that while the plaintiffs failed to serve the alleged liquidator of the now-defunct company, they should not have been deprived of the opportunity to re-file their claims after the trial court dismissed them for lack of personal jurisdiction.

Underlying …