Ohio § 2307.87
Full text of Ohio Ohio Revised Code § 2307.87, with citation guidance and answers to common questions.
§ 2307.87.
(A) The plaintiff in any tort action who alleges a silicosis claim or a mixed dust disease
claim shall file, within thirty days after filing the complaint or other initial pleading,
a written report and supporting test results constituting prima-facie evidence of
the exposed person's physical impairment that meets the minimum requirements specified
in division (B) , (C) , or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised
Code , whichever is applicable. The defendant in the case shall be afforded a reasonable opportunity, upon the defendant's
motion, to challenge the adequacy of the proffered prima-facie evidence of the physical
impairment for failure to comply with the minimum requirements specified in division (B) , (C) , or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised
Code , whichever is applicable. The defendant has one hundred twenty days from the date the prima-facie evidence
of the exposed person's physical impairment is proffered to challenge the adequacy
of that prima-facie evidence. If the defendant makes that challenge and uses a physician to do so, the physician
must meet the requirements specified in divisions (I)(1), (3), and (4) of section
2307.84 of the Revised Code. (B) If the defendant challenges the adequacy of the prima-facie evidence of the exposed
person's physical impairment as provided in division (A) of this section, the court
shall determine from all of the evidence submitted whether the proffered prima-facie
evidence meets the minimum requirements specified in division (B) , (C) , or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised
Code , whichever is applicable. The court shall resolve the issue of whether the plaintiff has made the prima-facie
showing required by any of those divisions as applicable, by applying the standard
for resolving a motion for summary judgment. (C) The court shall administratively dismiss the plaintiff's claim without prejudice
upon a finding of failure to make the prima-facie showing required by division (B) , (C) , or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised
Code , whichever is applicable. The court shall maintain its jurisdiction over any case that is administratively
dismissed under this division. Any plaintiff whose case has been administratively dismissed under this division
may move to reinstate the plaintiff's case if the plaintiff makes a prima-facie showing
that meets the minimum requirements specified in any of those divisions as applicable. (D) This section applies only to tort actions that allege a silicosis claim or a mixed
dust disease claim and that are filed on or after the effective date of this section.
Frequently Asked Questions About Ohio § 2307.87
What does Ohio Revised Code § 2307.87 cover?
Section 2307.87 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2307.87?
A common citation format is "Ohio Revised Code § 2307.87" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2307.87 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.