Sinnott v. Aqua-Chem, Inc
Decided by the Ohio Supreme Court on October 25, 2007

On December 13, 2006, the Ohio Supreme Court accepted a discretionary appeal from the Eighth District Court of Appeals in Sinnott v. Aqua-Chem, Inc and issued its decision on October 25, 2007.

At issue in Sinnott was whether the trial court's decision finding that the plaintiff made a prima facie showing under R.C. 2307.92 is a final appealable order. The trial court applied H.B. 292 and determined that the plaintiff presented sufficient evidence to satisfy "the intent of the new statute." The Defendants appealed the trial court's determination. The Eighth District Court of Appeals sua sponte dismissed the appeal as "premature" and summarily rejected the subsequent motion for reconsideration. Defendants appealed the decision to the Ohio Supreme Court.

The Supreme Court in a 5-2 decision reversed the Court of Appeals and held that an order finding that a plaintiff in an asbestos action has made a prima facie showing is a final appealable order.

Oral argument before the Supreme Court was held Wednesday, June 6, 2007 and may be viewed on the Ohio Supreme Court website video archives under June 6, 2007.