# Horton v. Harwick Chemical Corp.

> Ohio Supreme Court · September 13, 1995 · 73 Ohio St. 3d 679

URL: https://www.frixlaw.com/law-library/cases/6772312

## Case

- **Full name:** Horton v. Harwick Chemical Corporation A.W. Chesterton, Appellees Derrick v. John Crane, Inc.
- **Court:** Ohio Supreme Court
- **Decided:** September 13, 1995
- **Citations:** 73 Ohio St. 3d 679
- **Precedential status:** Published
- **Opinion:** Concurring in part by Moyer
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Sweeney, Weight, Wright
- **Cited by:** 602 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6772312

## Opinion text

Moyer, C.J.,
concurring in part and dissenting in part. I concur in the first, third, and fourth paragraphs of the syllabus and in the well-advised decision of the majority to reject the theory of alternative liability. I dissent from the majority opinion because it does not provide the bench and bar with a test that can consistently be applied in asbestos cases. I would adopt the “frequency-proximity” test adopted in the case of Lohrmann v. Pittsburgh Coming Corp. (C.A.4, 1986), 782 F.2d 1156 . No persuasive argument has been given to persuade me that Ohio should not adopt the test applied in the majority of jurisdictions in the country that have considered the issue.
*689 For the foregoing reasons I would affirm the judgments of the court of appeals.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6772312. Public record. Not legal advice.