Glass v. Dow Chemical Co.

TOAL, Justice:

In this negligence action, Dow Chemical Company (“Dow”) argues the Court of Appeals’ erred in affirming the trial court’s decision to strike the defense of statutory employer from Dow’s answer. We disagree and affirm in result.

Factual/Procedural Background

This case involves tort claims against Dow by Henry W. Glass and Gregory T. Shelnutt (“Workers”). Dow manufactures a chemical compound known as Sarabond, a mortar additive. Sarabond was added to mortar used in constructing facade panels for a building at the Medical University of South Carolina (“MUSC”). When the panels began…