The Industrial Commission ultimately found that the common evidence presented in the bellwether cases was insufficient to establish that employees had been exposed to asbestos in a manner likely to cause asbestosis or related conditions. This finding was affirmed by the Court of Appeals in a previous decision, Hinson v. Continental Tires the Americas. Following that ruling, Continental Tires moved to dismiss the remaining claims, arguing that the prior decisions should preclude further litigation under the doctrines of collateral estoppel and “law of the case.” Many plaintiffs voluntarily dismissed their claims, but Huffstetler and a small group of others continued
Appeals court revives Huffstetler asbestos claim against Continental Tires insurers
- Niki Wilson
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