Her husband, Robert Weist, worked at a Louis Rich Co. facility in South Carolina then owned by Kraft Heinz. He sued Kraft Heinz as the premises defendant and Metal Masters as a contractor defendant. Metal Masters supplied asbestos-containing materials used at the facility, said Frost. Frost has handled asbestos-related litigation for 20 years and is licensed to practice in California, Washington, Oregon, Hawaii, Kentucky, Indiana, Texas and Georgia. Frost was lead counsel for the family. He tried the case with Bonnie Steinwolf, Kush Shukla and Daniel Wasserberg of Meirowitz & Wasserberg in New York, along with Fritz Jekel of Leventis & Ransom in Charleston as local counsel.

Metal Masters was represented by Alex Cosculluela with Adam & Reese in Houston and Kirby Shealy III from the firm's local Columbia, South Carolina, office. Kraft Heinz was represented by Thomas Pope III of South Carolina-based firm Pope Parker Jenkins. They argued their clients' worksite materials could not be proven to be the cause of Weist's cancer. The defense attorneys did not immediately respond to phone messages and emails seeking comment.

The trial took place before Chief Justice Jean Toal, the former chief justice of the Supreme Court of South Carolina, who came out of retirement to preside over the state's consolidated asbestos docket, according to Courtroom View Network, which recorded the opening statements, testimony and closing arguments and has posted the videos on its website. Weist's case marked only the second in-person asbestos jury trial in South Carolina since the pandemic shutdown. The first trial took place the week prior, also before Toal, and ended with a defense verdict in favor of heating materials supplier Chromalox.

Frost said the Weist trial was difficult, partly because South Carolina does not allow voir dire. He said the judge limited it to five days because of COVID-19 safety concerns.

After four days, the jury awarded the family $32 million on Sept. 24: $22 million for compensatory damages against Kraft Heinz and Metal Masters Inc., and $10 million in punitive damages against Kraft Heinz. The compensatory damage breaks down to $11 million for Kathy Weist's survival damages, $10 million for wrongful death damages and $1 million for Bob Weist's loss of consortium damages, Frost said. He added the family did not submit any medical expenses or lost wages.

"The jury found the Kraft Heinz Co. and Metal Masters, Inc. were both negligent and proximate causes of Kathy Weist's mesothelioma diagnosis and resulting damages," Frost said. "The jury also found the Kraft Heinz Co. to be vicariously liable for the negligent acts of employees, contractors and agents, which includes Metal Masters Inc. for allowing workers to demolish and install asbestos-containing thermal insulation and gasket materials."

"I think the jury was able to see through the defense smokescreen and ever-changing stories about asbestos use," Frost said. "The exposures in this case occurred in 1980. That was eight years post OSHA, and the evidence clearly showed Metal Masters and Kraft Heinz violated the OSHA regulations when they allowed the workers to take asbestos home and expose Kathy Weist."

The case is Weist v. Air & Liquid Systems Corp., et al., Number 2020-CP-40-02597 in South Carolina's 5th Judicial Circuit.

Editor's Note: While not directly insurance coverage related, the insurance industry regularly has to grapple with the issue of asbestos, especially since injury resulting from asbestos exposure takes years to manifest. Insurance companies may change hands from the time between the exposure and the injury, and courts are charged with determining which insurance company must respond to asbestos claims.

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