Turner v. CertainTeed Corp. (Slip Opinion)

*149 {¶ 1} When a plaintiff is a "smoker" who alleges that he or she suffers from lung cancer as a result of asbestos exposure, the plaintiff must make a prima facie showing that satisfies the requirements listed in R.C. 2307.92(C)(1), including a "diagnosis by a competent medical authority that the [plaintiff] has primary lung cancer and that exposure to asbestos is a *1264 substantial contributing factor to that cancer," R.C. 2307.92(C)(1)(a). A plaintiff who is not a "smoker" need not satisfy those requirements. This case presents the question of how to determine whether a plaintiff is a "smoker."

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