Hutchinson v. Beazer East, Inc., Unpublished Decision (12-21-2006)

JUDGEMENT: REVERSED AND REMANDED {¶ 1} In this consolidated appeal, Wenton and Marie Hutchinson ("the Hutchinsons"), appeal the trial court's decision granting judgment in favor of defendant-appellee, Tasco Insulation, Inc. ("Tasco"). Finding merit to the appeal, we reverse and remand for further proceedings.

{¶ 2} In 2001, the Hutchinsons filed suit against Tasco and numerous defendants alleging that the use of asbestos-containing materials caused Wenton Hutchinson to develop cancer. ("Hutchinson I"). Tasco moved for summary judgment, alleging that the Hutchinsons failed to identify that…