South Carolina Court of Appeals Lightens Burden of Proof in Mesothelioma Cases

A recent ruling by the South Carolina Court of Appeals confirmed the victory of a mesothelioma victim and his wife and eased the burden of proof for future victims of asbestos exposure, as reported by 6Park.news/South Carolina. 

The decision revolved around a lawsuit bought by Dale Jolly, a mechanical inspector who worked for the Duke Power Company in the 1980s and was diagnosed with mesothelioma as a result of exposure to asbestos while working in close proximity with workers removing and replacing asbestos gaskets on valve flanges. 

Jolly and his wife filed a lawsuit against the two companies that manufactured those valves and received jury verdicts of $200,000 in actual damages to Jolly and $100,000 to his wife. The circuit court allowed the couple to request a new trial and increased their award to $1.6 million and $290,000, respectively. 

In response to the circuit court’s decision, the companies filed an appeal that argued in part that there was no reliable evidence to prove that Jolly’s mesothelioma was caused by exposure to asbestos in his valves and requested dismissal. 

The court disagreed and said the cumulative dose testimony provided had helped the jury understand the impact of asbestos. This minimizes the distinction between the two, making cumulative dose a powerful argument in state. 

Read the article. 

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