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MURPHY v. OWENS-CORNING FIBERGLAS CORP.

No. 3354.

346 S.C. 37 (2001)

550 S.E.2d 589

Janet B. MURPHY and David M. Murphy, Appellants, v. OWENS-CORNING FIBERGLAS CORP., Pittsburgh Corning Corporation, ACandS, Inc., Rock Wool Manufacturing Co., Inc., The Anchor Packing Company, Rapid American Corporation, Garlock, Inc., Westinghouse Electric Corporation, Uniroyal, Inc., PPG Industries, Inc., Covil Corporation, E.I. Du Pont de Nemours and Company, Defendants, Of whom Rapid American Corporation and E.I. Du Pont de Nemours and Company are, Respondents.

Court of Appeals of South Carolina.

Decided June 11, 2001.

Rehearing Denied August 24, 2001.

Attorney(s) appearing for the Case

L. Joel Chastain and William J. Cook, both of Ness, Motley, Loadholt, Richardson & Poole, of Barnwell; and Jeffrey T. Eddy, of Ness, Motley, Loadholt, Richardson & Poole, of Charleston, for appellants.

Ivan A. Gustafon and Christopher G. Conley, of Blasingame, Burch, Garrard, Bryant & Ashley, of Athens, GA; Jackson L. Barwick, Jr., Valerie Palmer Williams, of Holmes & Thompson; and David E. Dukes, C. Mitchell Brown and Michael W. Hogue, all of Nelson Mullins, Riley & Scarborough, all of Columbia; and Carl E. Pierce, II, of Charleston, for respondents.

Amicus Curiae on Behalf of Owens-Illinois, Inc., R. Bruce Shaw and William C. Wood, Jr., both of Nelson, Mullins, Riley & Scarborough, of Columbia.

KITTREDGE, Acting Judge:

Janet Murphy, a resident of Virginia, brought this action alleging she developed mesothelioma as a result of exposure to asbestos fiber trapped in the clothing of her father, Dr. Charles Baker, while he worked for E.I. Du Pont de Nemours at several locations, including the facility located in Camden, South Carolina. The trial court granted the respondents' motion to dismiss for lack of subject matter jurisdiction based upon the Door Closing...

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