Dicenzo v. A-Best Products Co., Inc., et al.

Case Updates

The Ohio Supreme Court agreed with NCLC that businesses should not be subject to strict liability for supplying asbestos before the Ohio Supreme Court’s 1977 decision extending strict liability to asbestos suppliers. The decision effectively ended over 30,000 claims against asbestos suppliers for conduct that occurred over thirty years ago.

NCLC urged the Ohio Supreme Court to confirm that its 1966 decision providing for strict liability for asbestos manufacturers did not apply—at that point, without development or precedent—to suppliers of asbestos as well. The Ohio Supreme Court did not formally extended strict liability to suppliers until 1977. NCLC argued in its merits brief that 1977, not 1966, should be considered the starting point for such liability. The intermediate appellate court disagreed and thereby placed small and medium sized businesses in Ohio in jeopardy of being sued for conduct that occurred over thirty years ago.

Previously, NCLC filed an amicus brief on review.