Melba Bolton, individually and as Personal Representative of the Estate of Curtis Bolton v. John Crane Inc

Case Background

Melba Bolton, the wife of Curtis Bolton, filed a mesothelioma lawsuit after the wrongful death of her husband due to occupational asbestos exposure. John Crane Inc., a gasket manufacturer, was named as the Defendant in this product liability lawsuit. The case was filed in the Seventh Judicial Circuit Court of Common Pleas, South Carolina. Judge Jean Toal presided over this lawsuit. [Case number: 2021-CP-42-02480]

Cause

Curtis Bolton worked as a maintenance worker at the Celanese fiber plant in Spartanburg from 1971 to 1977. Later, in the 1980s, he continued his career at Zachry Construction Corp. in Aurora, North Carolina.

During Bolton’s time at the Celanese fiber plant and Zachry Construction Corp., he performed tasks like installing and rebuilding valves, pumps, and other pipe-related duties. These activities allegedly placed him near asbestos-containing insulation products made by John Crane. Despite the high concentration of chrysotile asbestos in the gaskets and packing, workers were never warned of potential dangers or advised on proper handling by the company.

In June 2022, Bolton died after being diagnosed with mesothelioma, a form of cancer. It was claimed that his condition resulted from asbestos exposure at his workplace. Following Bolton’s death, his wife, Melba Bolton, filed a mesothelioma lawsuit against gasket-maker John Crane Inc.

Damages

Bolton sought damages for Curtis Bolton’s suffering and wrongful death. She also sought damages for her loss of consortium and punitive damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Melba Bolton, individually and as Personal Representative of the Estate of Curtis Bolton
    • Counsel for Plaintiff(s): Theile B. McVey | Holly Peterson | Frank Wathen
  • Defendant(s):  John Crane Inc.
    • Counsel for Defendant(s): Kate Skagerberg | James H. Elliott

Key Argument or Remarks by Counsel

Holly Peterson, an attorney with Simon Greenstone Panatier who represented Mr. Bolton’s widow, Melba, said, “The company’s inaction in the face of overwhelming knowledge that its products could cause injury indicated a level of negligence that the jury felt warranted significant penalty.” She added, “Despite all evidence to the contrary, to this day John Crane refuses to acknowledge its role in the personal tragedies such as Mr. Bolton’s death caused by the turning of a blind eye to the dangers of its asbestos-containing products.”

Claims

Bolton sought to hold John Crane responsible for negligence, strict liability, and breach of implied warranty. Melba Bolton’s attorneys argued that John Crane failed to warn workers about the dangers of asbestos exposure. They pointed out that the company knew for decades about the health risks posed by the mineral. The attorneys referenced warnings issued by regulators in Illinois, where John Crane is based, as early as the 1940s.

Defense

John Crane claimed that Bolton’s cancer was not caused by exposure to gaskets and “packing”—braided ropes made of asbestos used in valve and pump stems. Instead, the company argued that his cancer resulted from pipe insulation, a product it did not supply.

Jury Verdict

On March 25, 2024, the jury, under the guidance of former Chief Justice of the South Carolina Supreme Court Jean Toal, reached a verdict in favor of Melba Bolton. The jury awarded her $1.75 million in damages, concluding that exposure to asbestos in John Crane’s products significantly contributed to her husband’s death.

However, they denied the punitive damages her attorney had requested. Although the jury acknowledged John Crane’s negligence, they did not award damages for strict liability or breach of implied warranty. The jury also found that the company had not acted willfully, wantonly, or recklessly, which prevented the award of punitive damages.

In total, Melba Bolton received $608,783 for survival claims related to her husband’s suffering, $532,433 for his wrongful death, and $608,783 for her loss of consortium in this mesothelioma lawsuit.

Court Documents:

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