Testimony given in an asbestos products-liability lawsuit by a maintenance worker at a ketchup bottling plant is inadmissible in a workers’ compensation lawsuit, the Ohio Supreme Court has ruled.
Plaintiff Donald Burkhart died from mesothelioma, a cancer in the linings of the lungs, stomach and other organs related to asbestos exposure. In a deposition, Burkhart testified regarding his exposure to asbestos from various manufacturers. After his death, his wife, Mary Lou Burkhart, filed a workers’ compensation claim against his employer H.J. Heinz Co. for allegedly exposing him to asbestos from his work in a boiler room with pile insulation containing asbestos. Burkhart worked for Heinz for 40 years until his retirement in 1986.
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