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GLASS v. DOW CHEMICAL CO.

No. 2200.

447 S.E.2d 209 (1994)

Henry Willis GLASS and Gregory Thomas Shelnutt, Plaintiffs, v. DOW CHEMICAL COMPANY and Cummings and McCrady, Inc., Defendants. ANATEK, INC., Defendant and Third-Party Plaintiff, v. CONTINENTAL MASONRY COMPANY, Third-Party Defendant, of whom Anatek, Inc. and Dow Chemical Company are, respectively, Primary and Secondary Appellants, of whom Henry Willis Glass and Gregory Thomas Shelnutt are Respondents.

Court of Appeals of South Carolina.

Decided July 5, 1994.

Rehearing Denied August 23, 1994.

Attorney(s) appearing for the Case

Stephen P. Groves and H. Michael Bowers, both of Young, Clement, Rivers & Tisdale, Charleston, for primary appellant.

Edward K. Pritchard, III, of Sinkler & Boyd, Charleston, for secondary appellant.

O. Grady Query, and Philip A. Middleton, Charleston, and Henry Hammer, Columbia, for respondents.

SHAW, Judge:

This is a negligence case. The circuit court struck the defense of statutory employer from the answers of Dow Chemical and Anatek, Inc. They appeal. We affirm.

Dow Chemical is the manufacturer of Sarabond, a mortar additive. Sarabond was added to the mortar used to construct the panels for the exterior facade of the Business Services Building at the Medical University of South Carolina. The panels began to crack in the 1980's. Dow entered into...

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