Coronavirus or not, asbestos legal case gets go-ahead for Richland court
Coronavirus has shut down nearly all trials and hearings in South Carolina.
But over the apparent objections from some lawyers, and by a special Thursday order of S.C. Supreme Court Chief Justice Don Beatty, a circuit judge has set Monday morning for a hearing in a complex asbestos case at a Richland County courthouse.
It is a non-jury hearing, so there won’t be jurors present.
The judge — retired S.C. Chief Justice Jean Toal — was queried by email Thursday morning by a lawyer in the asbestos case to see whether the hearing would actually be held after Beatty had issued an order canceling all non-emergency court proceedings throughout South Carolina earlier in the week. Beatty said his order was due to the threat of the coronavirus.
“We will look forward to Monday’s hearing being rescheduled at an appropriate time and hope everyone stays safe in the meantime,’’ wrote Todd Carroll, an attorney for one of the parties in the case.
Within an hour, Toal replied by email to Carroll, telling him basically, all systems are go.
“The hearing in this matter has not been canceled by the order to which you refer,” Toal wrote Carroll. She advised Carroll that “Chief Justice Beatty will issue a separate assignment order shortly which directs me to conduct this hearing on Monday, March 23, 2020, at 10 am.”
A short time later, Beatty issued the order authorizing Toal to proceed.
Toal also indicated to Carroll that he need not worry about catching the coronavirus.
“The group of lawyers involved in these issues is small. Social distancing is easily handled in Court Room 3A or 3B (large courtrooms on the courthouse’s third floor),” wrote Toal, who mentioned that she had held a hearing last Monday at the Richland County courthouse in the Santee Cooper class action ratepayer case.
“Social distancing” is a medical prevention term that has come into wide usage in recent weeks, as fears of catching the coronavirus have spread. The term means to stay away from others, with a recommended separation distance of six feet. The novel virus is transmitted by touch and others’ breath, and one of its hallmarks is that it is easily caught.
Theile McVey, a plantiff’s lawyer in the case, said Thursday in an interview that Monday’s hearing is about the possible approval by Toal of settlements in the case with three major insurance companies.
It has taken more than two years to get to this point, and is an important step in the matter so it can move on to its next phase after the threat of the coronavirus recedes, McVey said. She indicated there would likely be fewer than a dozen lawyers present.
“I’m a mom with two school-age kids,” said McVey, adding she would not do anything to jeopardize her family. “Nor do I believe the courts would do anything to jeopardize the litigants.”
Legal issues in the case include potential payouts to people allegedly injured or killed by their exposure to asbestos, specifically involving a fatal tumor-causing disease called mesothelioma.
BEHIND THE STORY
MOREWhat you should know about the coronavirus
The coronavirus is spreading in the United States. Officials are urging people to take precautions to avoid getting sick, and to avoid spreading the disease if they do contract it.
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What is coronavirus?
Coronavirus is an infection of the respiratory system similar to the flu. Coronaviruses are a class of viruses that regularly cause illnesses among adults and children, but this outbreak has spawned a new disease called COVID-19, a particularly harsh respiratory condition that can lead to death.
Health officials believe COVID-19 spread from animals to humans somewhere in China. It spreads among humans by physical person-to-person contact, including via coughs. That’s why health officials urge sick individuals to avoid contact with other people.
For more information, visit the website for the Centers for Disease Control and Prevention.
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Symptoms are similar to the flu and include fever, coughing and shortness of breath.
How can I stop the spread of the coronavirus?
Wash your hands regularly with soap and water, and cover your mouth and nose when you cough or sneeze.
If you develop symptoms similar to the coronavirus, you should seek medical attention. Stay home from work or school and avoid contact with others. It can take up to 14 days after coming into contact with the virus to develop symptoms.
COVID-19 is a new condition and there’s much about the disease we still don’t understand. For now, taking precautions is the best way to stop the spread of the coronavirus.
This story was originally published March 19, 2020 at 6:28 PM.