COLUMBIA, S.C. – More than 150 plaintiffs have filed suit against Cape, PLC, its subsidiaries and global affiliates including Anglo American (OTCQX: NGLOY), De Beer Group PLC (OTCQX: AAUKF), and ESAB Corp. (NYSE: ESAB), which imported and distributed carcinogenic asbestos in the United States for decades.
“Cape and its related entities, by its own admission, sold more than 95% of the type of asbestos commonly used in industry and on U.S. Navy ships for decades. That asbestos is responsible for untold death and despair among the workers of South Carolina and the nation,” said Trey Branham, partner at Dean Omar Branham Shirley, LLP, who along with co-counsel Theile McVey of Kassel McVey represents the plaintiffs.
The mass action lawsuit alleges that Cape and its subsidiaries are liable for diseases caused by asbestos exposure suffered by residents of the state and beyond. It includes plaintiffs suffering from asbestos-related illnesses, including mesothelioma and lung cancer, as well as the families of those who have died from exposure to the deadly carcinogen.
According to the lawsuit, Cape led efforts in the U.S. to hide from consumers and its own employees the risks that it knew existed from the South African asbestos it processed. When asbestos-related lawsuits began surfacing in the 1970s, Cape took measures to shield itself from legal action by creating new entities and then fleeing the U.S.
“This case is about finally bringing this company to the forefront for the harm they’ve caused,” said Ms. McVey, managing partner of Kassel McVey. “We intend to hold these bad actors to account for the damage they have inflicted on so many lives.”
The lawsuit details how Cape set up an elaborate structure of affiliated companies in South Africa, the United Kingdom and the United States to avoid financial responsibility for the harm it knew it was causing. Since those companies and their insurers have failed to respond to lawsuits brought on behalf of those injured or killed by asbestos-related diseases, a South Carolina court has appointed a receiver to respond on their behalf.
The case is Augustus A. Adams et al. v Cape PLC et al., No. 2024-CP-40-06639 in the Court of Common Pleas, County of Richland for the Fifth Judicial Circuit.
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of the irresponsible conduct of others. For more information, visit www.dobslegal.com.
Kassel McVey is the preeminent plaintiffs’ firm in South Carolina, headed by the former president of the South Carolina Association for Justice, Theile McVey. For more information visit https://www.kasselmcvey.com/.
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