Carolinas Verdicts

Plaintiff(s):

Stephen R. Edwards (Male), 

Estate of Steven Redfearn Stewart (Male, 69 Years)

Plaintiff Attorney(s):

William M. Graham;
Wallace & Graham, P.A.;
Salisbury,
NC,
for
Stephen R. Edwards, Estate of Steven Redfearn Stewart ■ Gregory L. Hyland;
Hart Hyland Shepherd, LLC;
Summerville,
SC,
for
Stephen R. Edwards, Estate of Steven Redfearn Stewart ■ Frederick J. Jekel;
Jekel Law, LLC;
Columbia,
SC,
for
Stephen R. Edwards, Estate of Steven Redfearn Stewart

Defendant(s):

Weavexx, LLC, 

Uniroyal Inc., 

AstenJohnson Inc., 

CGR Products Inc., 

Goulds Pumps Inc., 

Ingersoll-Rand Co., 

Scapa Waycross Inc, 

Appleton Papers Inc., 

Rapid American Corp., 

Fluor Enterprises Inc., 

Albany International Corp., 

Daniel International Corp., 

Fluor Daniel Services Corp., 

Metropolitan Life Insurance Co.

Defense Attorney(s):

William P. Early;
Pierce, Sloan, Wilson, Kennedy & Early LLC;
Charleston,
SC,
for
Scapa Waycross Inc ■ S. Christopher Collier;
Hawkins Parnell Thackston & Young LLP;
Atlanta,
GA,
for
Scapa Waycross Inc

On Oct. 24, 2012, plaintiff Steven Redfearn Stewart, 69, was diagnosed with mesothelioma. He subsequently died from the disease. Prior to his death, Stewart sued Albany International Corp. as successor in interest to Mount Vernon Group d/b/a Mount Vernon Dryer Fabrics and to Geschmay Corporation; Appleton Papers, Inc.; AstenJohnson, Inc.; Daniel International Corporation; Fluor Enterprises, Inc. f/k/a Fluor Daniel, Inc. f/k/a Daniel Construction Company, Inc.; Fluor Daniel Services Corporation; Goulds Pumps, Incorporated; Ingersoll-Rand Company; Metropolitan Life Insurance Company; Rapid American Corporation; Scapa Waycross, Inc.; Uniroyal, Inc.; Weavexx, LLC as successor in interest to Huyck Felt Company and to Lockport Felts; and CGR Products, Inc. f/k/a Carolina Gasket and Rubber Company, Inc. Stewart asserted a toxic tort claim against the defendants. Following Stewart’s death, Stephen R. Edwards, Individually and as Personal Representative of the Estate Steven Redfearn Stewart, deceased, was substituted as the plaintiff. Prior to trial, all of the defendants were dismissed from the case with the exception of Scapa Waycross, Inc., with some of the defendants having settled for undisclosed terms. The trial proceeded against Scapa Waycross only. The estate alleged that Stewart, who worked in a paper mill for 40 years, was exposed during that time to asbestos-containing products manufactured by Scapa Waycross and that such exposure was a proximate cause of his mesothelioma and subsequent death. The estate asserted that Scapa knew or should have known that the asbestos and asbestos-containing materials were harmful, but failed to warn of the dangers. The estate also alleged that Scapa failed to provide information as to the reasonably safe wearing apparel and/or proper protective equipment that would have protected him from exposure to the asbestos. The lawsuit alleged negligence, breach of the implied warranty of merchantability and strict liability. Further, the estate argued that punitive damages were warranted. Scapa Waycross denied that Stewart was exposed to asbestos-containing products and that it was not liable for selling products that could have caused injury to him. Scapa Waycross denied breaching any duties owed to Stewart.

The estate alleged Stewart began developing dyspnea and pleuritic-type chest pain in September 2012 and was diagnosed with mesothelioma on Oct. 24, 2012. The estate sought damages for Stewart’s pain and suffering caused by his mesothelioma. The estate maintained that, in addition to compensatory damages, it was entitled to punitive damages, alleging the conduct of Scapa Waycross was willful, wanton and/or reckless. The defense disputed causation and also contended that punitive damages were not warranted.

The jury found negligence, but no strict liability or breach of the implied warranty of merchantability, nor did the jury find that punitive damages were warranted. The jury determined that the estate’s damages totaled $700,000.

Estate of Steven Redfearn Stewart: $600,000 Personal Injury: survival; $100,000 Personal Injury: wrongful death

Judge:

Jean H. Toal

Trial Length:

6
 days

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel for Scapa Waycross, Inc. did not respond to the reporter’s phone calls.