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GLASS v. DOW CHEMICAL CO.

No. 24560.

325 S.C. 198 (1997)

482 S.E.2d 49

Henry Willis GLASS and Gregory Thomas Shelnutt, Respondents, v. DOW CHEMICAL COMPANY and Cummings and McCrady, Inc., Defendants, of whom Dow Chemical Company is Petitioner, ANATEK, INC., Defendant and Third-Party Plaintiff, v. CONTINENTAL MASONRY COMPANY, Third-Party Defendant.

Supreme Court of South Carolina.

Decided January 27, 1997.

Refiled February 19, 1997.

Attorney(s) appearing for the Case

John P. Linton and Edward K. Pritchard, III, of Sinkler & Boyd, Charleston, for Petitioner Dow Chemical Company.

O. Grady Query, Charleston, for Respondents Henry Willis Glass and Gregory Thomas Shelnutt.

Philip A. Middleton, Charleston, for Respondent Henry Willis Glass.

Henry Hammer, of Hammer, Hammer, Carrigg & Potterfield, Columbia, for Respondent Gregory Thomas Shelnutt.

TOAL, Justice:

In this negligence action, Dow Chemical Company ("Dow") argues the Court of Appeals' erred in affirming the trial court's decision to strike the defense of statutory employer from Dow's answer. We disagree and affirm in result.

FACTUAL/PROCEDURAL BACKGROUND

This case involves tort claims against Dow by Henry W. Glass and Gregory T. Shelnutt ("Workers"). Dow manufactures a chemical compound known as Sarabond, a mortar additive. Sarabond...

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