Appeals court orders new trial in lung injuries from chemical exposure

The Ohio Court of Appeals on Tuesday vacated a judgment awarded to workers who allege they suffered lung injuries from exposure to the flavoring chemical diacetyl.

Pamela Duff Mundy, Josh Humphries and Kyle Landreth sued their employer, French-based flavor and fragrance manufacturer Mane Inc., over alleged injuries caused by diacetyl exposure at Mane’s Lebanon, Ohio, facility.

Ms. Mundy sued on behalf of the estate of James Melvin Duff.

The plaintiffs said Mane exposed them to dangerous levels of diacetyl and “deliberately misrepresented the risk of exposure,” leading to lung injuries, the ruling states.

An August 2022 trial resulted in a plaintiffs verdict.

The jury ruled in favor of the plaintiffs on their employer-intentional-tort claims, finding that Mane failed to prove the lawsuit was barred by a statute of limitations.

The appellate judges said while it hesitates to disturb a jury verdict, they “must yield to our obligation to ensure that fundamental legal principles, including the statute of limitations, are properly applied.”

The court highlighted ambiguities related to when the statute of limitations commenced, and said the ambiguity “underscores the prejudicial nature of the trial court’s error in failing to take judicial notice of the complaint’s filing date.”

The appellate court vacated the entire final judgment against Mane and remanded the case to the trial judge for a limited trial on the company’s statute of limitations defense.