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THOMPSON HINE VICTORY IN APPELATE COURT
A Cleveland, Ohio appellate court unanimously affirmed the summary judgment won by Timothy Coughlin, Kip Bollin and Hope Redmond of Thompson Hine LLP against a wrongful death Legionaire’s Disease claim arising in an industrial setting.
Legionnaires’ Disease is caused by inhalation of the legionella bacteria, ubiquitous and commonly found in lakes, streams and home water heaters. In 2005, the attorneys won summary judgments against three workplace intentional tort claims brought by plaintiffs who contracted the disease.
Only one of those plaintiffs appealed. The appellate judgment was based in part on the novelty of the outbreak in an industrial setting, as well as plaintiff's inability to establish that defendant failed to satisfy any relevant standard of care. Chokan v. Ford Motor Company, 2006 Ohio 5564 (8th Dist. 2006).