An appeals court in South Carolina on Wednesday affirmed the denial of a motion for retrial in a $14 million wrongful death lawsuit filed by the family of a contractor who performed maintenance at a polyester plant and suffered from mesothelioma stemming from asbestos exposure.
From 1971 to 1980, Dennis Seay was assigned via his employer Daniel Construction Co. as a contractor to handle all maintenance work at the CNA Holdings LLC’s plant in Spartanburg, South Carolina. In his duties of maintaining and repairing pumps, valves, condensers and other equipment, he allegedly came into contact with asbestos gaskets, packing and insulation materials. In 2013, Mr. Seay was diagnosed with mesothelioma, a type of lung cancer, according to documents in Angela D. Keene, Individually and as Personal Representative of the Estate of Dennis Seay, Deceased, and Linda Seay, Respondents, v. CNA Holdings LLC, Appellant, filed in the Court of Appeals of South Carolina in Columbia, South Carolina.
After his diagnosis, Mr. Seay and his wife, Linda Seay, filed a lawsuit against Hoechst Celanese Corp., now known as CNA Holdings, “alleging negligence by failure to warn Seay of the dangers of asbestos, failure to provide adequate safety measures against asbestos dust, and failure to provide safe environmental conditions in the Spartanburg plant,” records state.
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