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WESTBERRY v. GISLAVED GUMMI AB

Nos. 98-1540, 98-1587.

178 F.3d 257 (1999)

James Curtis WESTBERRY, Plaintiff-Appellee, and Connie Rena Westberry, Plaintiff, v. GISLAVED GUMMI AB, Defendant-Appellant, and Mataki Kemi AB, Defendant. Connie Rena Westberry, Plaintiff-Appellant, and James Curtis Westberry, Plaintiff, v. Gislaved Gummi AB, Defendant-Appellee, and Mataki Kemi AB, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1999.

Attorney(s) appearing for the Case

ARGUED: Russell Thomas Burke, Nexsen, Pruet, Jacobs & Pollard, Columbia, South Carolina, for Appellant. James William Logan, Jr., Logan, Jolly & Smith, L.L.P., Anderson, South Carolina, for Appellee. ON BRIEF: Edward Raymond Moore, III, Nexsen, Pruet, Jacobs & Pollard, Columbia, South Carolina, for Appellant. James D. Jolly, Jr., Logan, Jolly & Smith, L.L.P., Anderson, South Carolina; John R. McCravy, III, McCravy Law Firm, Greenwood, South Carolina; Joseph M. Pracht, Pracht & Wyndham, Greenwood, South Carolina, for Appellee.

Before WILKINS and WILLIAMS, Circuit Judges, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge LEE joined.

WILKINS, Circuit Judge:

James Curtis and Connie Rena Westberry brought this action against Gislaved Gummi AB (GGAB), claiming that GGAB was liable under South Carolina law for damages the Westberrys suffered as a result of the company's failure to warn of the danger of the talcum powder (talc) lubricant GGAB placed on rubber gaskets it

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