R.C 2307.92 Interpretation

In Penn v. A-Best Products Co., Franklin App. Nos. 07AP-404, 07AP-405, 07AP-406, 07AP-407, 2007 Ohio 7145, the Tenth District stated that "A plain reading of R.C 2307.92 indicates that only those types of cases explicitly specified must demonstrate a prima facie case." The court found that R.C. 2307.92 imposes no burden to present a prima facie case on a nonsmoker with lung cancer. As stated previously, R.C. 2307.93(C) states that: "The court shall administratively dismiss the plaintiff's claim without prejudice upon a finding of failure to make the prima-facie showing required by division (B), (C), or (D) of section 2307.92 of the Revised Code." R.C. 2307.92(B), (C), and (D) require a plaintiff to present a prima facie case when alleging an asbestos-related claim for nonmalignancies, lung cancer in a smoker, and wrongful death. The administrative dismissal provision is limited to the asbestos-related claims that are specified in R.C. 2307.92. The legislature could have allowed the court to administratively dismiss the entire tort action, but chose to limit R.C. 2307.93(C) to asbestos-related nonmalignancy claims, lung cancer claims in a smoker, and wrongful death claims.