Plaintiff Failed to Prove Products Contained Asbestos, Summary Judgment Affirmed
December 15, 2004
CANTON, Ohio -- An Ohio Appeals Court has affirmed a summary judgment award to four asbestos defendants, finding no evidence that their products used at the plaintiff's worksite contained asbestos. Schmidt, et al. v. A-Best Products Co., et al., No. 2003CA00417 (Ohio Ct. App., 5th Dist.).
In its Nov. 22 decision, the Ohio Fifth District Court of Appeals also opined that the plaintiff could not contend that the summary judgment order was premature because the plaintiff did not ask for a continuance.
Betty Schmidt filed the instant lawsuit on behalf of her deceased husband, William Schmidt, who, she claims, …