Appeals Court Affirms $14 Million Asbestos Verdict

Appeals Court Affirms $14 Million Asbestos Verdict

Introduction

On Wednesday, an appeals court in South Carolina upheld a $14 million asbestos verdict in a wrongful death lawsuit filed by the family of a victim who died of mesothelioma due to asbestos exposure while working at a polyester plant.

The victim worked as a contractor in a Celanese plant where he did maintenance and repair work for nine years since the 1970s. His work involved frequent contact with asbestos gaskets, packing, and insulation materials. According to court documents, he was diagnosed with mesothelioma in 2013 and died from advanced mesothelioma a year later. The victim and his wife sued Hoechst Celanese Corp., now known as CNA Holdings, for negligent conduct, failure to warn about the hazards of asbestos exposure, and failure to take adequate safety steps against asbestos exposure in the plant. In 2015, a South Carolina jury awarded the victim $12 million in compensatory damages and $2 million in punitive damages. CNA Holdings sought to dismiss the lawsuit and requested for summary judgment, asserting that the victim was a statutory employee, hence his case falls under South Carolina Workers' Compensation Act. The circuit court denied the motion for summary judgment at the conclusion of the trial, as a jury found that the plant’s negligence was the reason for the man's cancer. CNA Holdings filed several motions for a new trial; however, the circuit court declined the company's argument that the jury's decision had outside influences. 

Asbestos fibers from talcum powder have been the reason for ovarian cancer and mesothelioma in several individuals who used talc-based products.