Ohio § 2307.93

§ 2307.93.

(A)(1) The plaintiff in any tort action who alleges an asbestos 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 2307.92 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 2307.92 of the Revised Code .  The defendant has one hundred twenty days from the date the specified type of prima-facie

evidence 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 (Z)(1), (3), and (4) of section

2307.91 of the Revised Code. (2) With respect to any asbestos claim that is pending on the effective date of this

section, the plaintiff shall file the written report and supporting test results described

in division (A)(1) of this section within one hundred twenty days following the effective

date of this section.  Upon motion and for good cause shown, the court may extend the one hundred twenty-day

period described in this division. (3)(a) For any cause of action that arises before the effective date of this section, the

provisions set forth in divisions (B) , (C) , and (D) of section 2307.92 of the Revised Code are to be applied unless the court that has jurisdiction over the case finds both

of the following: (i) A substantive right of a party to the case has been impaired. (ii) That impairment is otherwise in violation of Section 28 of Article II, Ohio Constitution . (b) If a finding under division (A)(3)(a) of this section is made by the court that has

jurisdiction over the case, then the court shall determine whether the plaintiff has

failed to provide sufficient evidence to support the plaintiff's cause of action or

the right to relief under the law that is in effect prior to the effective date of

this section. (c) If the court that has jurisdiction of the case finds that the plaintiff has failed

to provide sufficient evidence to support the plaintiff's cause of action or right

to relief under division (A)(3)(b) of this section, the court shall administratively

dismiss the plaintiff's claim without prejudice.  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 provides sufficient evidence

to support the plaintiff's cause of action or the right to relief under the law that

was in effect when the plaintiff's cause of action arose. (B) If the defendant in an action challenges the adequacy of the prima-facie evidence

of the exposed person's physical impairment as provided in division (A)(1) 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 2307.92 of the Revised Code .  The court shall resolve the issue of whether the plaintiff has made the prima-facie

showing required by division (B) , (C) , or (D) of section 2307.92 of the Revised Code 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 2307.92 of the Revised Code .  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 division (B) , (C) , or (D) of section 2307.92 of the Revised Code .