Burkhart v. H.J. Heinz Co.
Annotate this CaseDonald Burkhart (Burkhart) died after developing mesothelioma. Mary Lou Burkhart (Claimant) filed a claim against H.J. Heinz Company (Employer), Burkhart’s former employer, seeking workers compensation benefits. In making her case that Employer had injuriously exposed Burkhart to asbestos, Claimant sought to admit deposition testimony Burkhart had given in a products-liability action he had filed against various asbestos manufacturers. On appeal from the Industrial Commission’s adverse ruling against Claimant, the trial court struck Burkhart’s testimony from the record and granted summary judgment for Employer. The court of appeals reversed, concluding that Burkhart’s deposition testimony was admissible because the manufacturers in the asbestos litigation were predecessors-in-interest to Employer for purposes of Ohio R. Evid. 804(B)(1) in that they shared a similar motive to develop Burkhart’s testimony. The Supreme Court reversed, holding that Burkhart’s deposition testimony was not admissible pursuant to Rule 804(B)(1) because the asbestos manufacturers that cross-examined Burkhart were neither predecessors-in-interest to Employer nor had a similar motive to develop the deposition testimony through cross-examination.
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