South Carolina Supreme Court Ends Asbestos Company’s Mesothelioma Appeals
Despite the strength of the evidence against it in a mesothelioma lawsuit, a South Carolina asbestos company appealed a jury’s million-dollar award to a victim, and when the Court of Appeals agreed with the trial court’s decision, the company appealed the award again to the state’s Supreme Court. Upon review, the justices affirmed both lower courts’ decisions, providing the victim’s family with a final answer in their quest for justice.
Mesothelioma Victim’s Illness Blamed on Asbestos in Dryer Felt
The mesothelioma lawsuit named Scapa Waycross as a defendant, accusing the company and others of negligence in the death of Stephen Stewart. Stewart had spent years working at Bowater Southern Paper Corporation, where he was exposed to several asbestos-contaminated products. All of the other companies whose products he worked with reached settlements with the victim’s family, but Scapa Waycross refused to do so and defended itself aggressively.
Despite the asbestos company’s argument that there was insufficient evidence that their product had been the cause of Mr. Stewart’s mesothelioma, the jury heard testimony about the specifics of the victim’s exposure to Scapa Waycross’ asbestos-contaminated product. Following installation of their dryer felt he’d been so covered with asbestos dust that he’d used an air hose to blow it off of his hair, skin, and clothing. In response to the testimony, the jury had awarded his survivors $700,000. The judge then increased the award to $1 million based on what he’d heard about Stewart’s agony during his illness.
Multiple Appeals Filed Following Mesothelioma Verdict
After the appeals court rejected its argument against the mesothelioma verdict, the company took its case to the state Supreme Court, but they also affirmed the lower court’s management of the case and the jury’s verdict. They said that expert witness testimony had been properly permitted and that the testimony had satisfied the state’s requirements for evidence of causation. They ordered the company to pay the victim’s family the $1 million the jury had directed, putting an end to the family’s difficult journey.
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