Products Liability Law Reporter

From 1970 to 1997, Thomas Glenn worked as an instrument technician at Duke Energy’s Oconee nuclear station. His work required him to remove and replace old asbestos gasket and packing material from valves. This process, which was completed using a grinder, exposed him to asbestos dust. In 2015, Glenn, 69, was diagnosed as having mesothelioma. He died several months later and is survived by his wife and her adult daughter. His medical expenses totaled approximately $475,000.

Glenn’s wife filed suit against Fisher Controls International, LLC, alleging negligence and breach of implied warranty. The plaintiff argued that the defendant’s asbestos-containing valves caused Glenn’s cancer and that the company failed to caution employees regarding the asbestos content of the product and the hazards posed by routine maintenance of Fisher valves. The plaintiff also named other undisclosed defendants that manufactured asbestos-containing products and equipment sold to Duke Power. These defendants either settled before trial or were dismissed from the case.

The jury awarded $3 million in compensatory damages and more than $2.1 million in punitive damages against Fisher Controls.

Citation: Glenn v. Air & Liquid Sys. Corp., No. 2015-CP-04-01607 (S.C. Ct. Com. Pl. Anderson Cnty. Jan. 25, 2019).

Plaintiff counsel: AAJ members Jonathan M. Holder, Jessica M. Dean, and Charles W. Branham III, all of Dallas; AAJ member Benjamin Adams, Los Angeles; and AAJ members Theile M. McVey and John D. Kassel, both of Columbia, S.C.

Plaintiff experts: Arnold Brody, asbestos exposure, and Arthur Frank, asbestos exposure, both of Philadelphia.

Defense expert: James Crapo, pulmonology, Denver.

Comment: In Jolly v. General Electric Co., No. 2016-CP-42-1592 (S.C. Ct. Com. Pl. Spartanburg Cnty. Dec. 15, 2017), Dale Jolly worked at three Duke Power nuclear power plants. His job required him to work alongside mechanics who were changing asbestos gaskets and packing on valves using grinders and brushes that created dust. The valves were sold to Duke Power by Fisher Controls, Crosby Valve, LLC, and others. Jolly was diagnosed as having mesothelioma at age 71 and his condition is fatal. He and his wife sued Fisher Controls and Crosby Valve, alleging negligence and breach of implied warranty. A jury awarded $300,000. The trial court granted the plaintiffs’ motion for new trial nisi additur, bringing the verdict to more than $1.7 million. The case is on appeal. The plaintiffs were represented by Mr. Holder, Ms. McVey, and AAJ member Simona A. Farrise, Los Angeles.