Filed April 6, 2015
In Miamisburg Train Derailment, for instance—a case where a train carrying yellow phosphorus derailed and spilled it contents, ignited, and created a cloud of phosphorous smoke that some considered “toxic”—the court found that the defendant tank car companies were entitled to partial summary judgment on the question of punitive damages. 725 N.E.2d at 741- 42, 751-53. In reaching this conclusion, the court noted that the defendants had been compliant with applicable regulations, which “overwhelm[ed] any suggestion that appellees acted with conscious disregard for safety.”
Filed April 13, 2011
’s Resp. pp. 11; Fidelholz v. Peller, 690 N.E.2d 502 (Ohio 1998) (addressing the application of the previous Ohio set-off statute in the context of a motion for judgment notwithstanding the verdict); In re Case: 2:10-cv-00947-EAS-MRA Doc #: 50 Filed: 04/13/11 Page: 5 of 14 PAGEID #: 502 Case No.: 2:10-cv-00947-EAS-MRA 6 Miamisburg Train Derailment Litig., 725 N.E.2d 738 (Ohio Ct. App. 1999) (addressing whether, on summary judgment, a settlement agreement established non-liability of settling defendants); Nolan v. Conseco Health Ins. Co., 2008 WL 2609659 (Ohio Ct. App. 2008) (addressing a post- trial motion to adjudicate liability and for application of set-off from previous settlement). At this stage of the case, Kelowna has not even answered the Complaint and asserted its defenses (including apportionment of liability to Air Tahoma) in large part because Plaintiff has not plead cognizable claims against Kelowna.