Kevin Alexandersen and Brooke Hamilton achieved voluntary dismissal of 13 cases against a client that was sued in multiple alleged diacetyl exposure cases suits in Hamilton County, Ohio, alleging that various suppliers and manufacturers supplied chemicals to a dairy manufacturing plant and caused injuries to the workers at the plant. The client was a manufacturer’s representative that acted as a customer service representative between the chemical manufacturers and the plant.
The basis for dismissal was Ohio’s supplier liability statute, R.C. 2307.78. Under Ohio law, to hold a supplier liable, the plaintiff must prove that the supplier made a representation about the product or acted negligently. The Burns White team crafted the discovery responses in a way that demonstrated the insured was not involved and made no representations relating to the chemicals. BW then sought summary judgment seeking dismissal based upon R.C. 2307.78 arguing there were no negligent actions or representations made by the client. After reviewing the motion, the client was dismissed from all 13 cases.