Sarah J. Plant v. Avon Products Inc., et al.

Summary

A South Carolina state court jury returned a $29.14 million verdict in a lawsuit filed by a woman claiming she developed fatal cancer from exposure to asbestos in cosmetic talc products, and the full trial was recorded gavel-to-gavel by Courtroom View Network.

The Richland County jury found talc supplier Whittaker Clark & Daniels liable for plaintiff Sarah Plants mesothelioma - a form of a cancer frequently associated with asbestos exposure - while clearing talc manufacturer IMI Fabi of any responsibility for Plants illness.

The trial also included cosmetics company Mary Kay and makeup pigment company Color Techniques when attorneys delivered openings statements on February 23, however both companies were no longer active defendants when the case went to the jury after reaching confidential settlements with the plaintiff.

The trial is believed to be the first involving cosmetic talc asbestos claims against Mary Kay, according to Plants attorney Jessica Dean of Dean Omar Branham Shirley, the Texas-based firm that represented Plant and her family.

Outcome

Verdict for plaintiff.
Total damages: $29,139,692

Case Information

Attorneys

Witnesses

Plaintiff: Plant, Sarah
Defense: Whittaker Clark & Daniels
IMI Fabi
Mary Kay Cosmetics
Color Techniques Inc.
Verdict: $29,139,692

Judge: Jean Toal
Jurisdiction: 5th Judicial Circuit of South Carolina
Court: Richland County Court of Common Pleas

Case Number: 2022CP4001265
Industry: Chemical
Practice Area: Asbestos, Products Liability

Plaintiff

Plant, Sarah

Defense

Whittaker Clark & Daniels

Defense

IMI Fabi

Represented By:
O'Neill, Elizabeth (Womble Carlyle Sandridge & Rice, LLP)
Roberts, Theodore (Womble Bond Dickinson)

Defense

Mary Kay Cosmetics

Represented By:
Schwegmann, Christopher (Lynn Pinker Hurst & Schwegmann)

Defense

Color Techniques Inc.

Represented By:
Insco, James (Gordon & Rees LLP )

Expert Witnesses

Lay Witnesses

Sessions

Attorney

Witness

Type

Description

PM Session

Plaintiff Witness(es)

2 Chapters

			Description	Attorney	Witness	Presence
		00:00:00	Opening Statement	Gross, Rachel
		00:19:05	End of Session

PM Session

Plaintiff Witness(es)

11 Chapters

FEB

AM Session

Plaintiff Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:13	Witness Direct Examination	Dean, Jessica	Brody, Dr. Arnold	In Person
00:52:02	Witness Cross Examination	Thackston, Robert	Brody, Dr. Arnold	In Person
01:18:05	Witness Cross Examination	Schwegmann, Christopher	Brody, Dr. Arnold	In Person
01:18:42	Witness Re-Direct Examination	Dean, Jessica	Brody, Dr. Arnold	In Person
01:27:30	Break
02:02:48	Witness Direct Examination		Longo, Dr. William Ph.D.	In Person
03:20:27	End of Session

PM Session

Plaintiff Witness(es)

10 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination		Longo, Dr. William Ph.D.	In Person
00:18:42	Witness Cross Examination		Longo, Dr. William Ph.D.	In Person
01:08:49	Witness Cross Examination	Thackston, Robert	Longo, Dr. William Ph.D.	In Person
01:33:49	Witness Re-Direct Examination		Longo, Dr. William Ph.D.	In Person
01:44:50	Break
02:00:35	Witness Direct Examination	Gross, Rachel	Ripley, Dr. Taylor	In Person
02:38:09	Witness Cross Examination		Ripley, Dr. Taylor	In Person
03:10:59	Witness Re-Direct Examination	Gross, Rachel	Ripley, Dr. Taylor	In Person
03:23:45	General Case Activities
03:26:45	End of Session

FEB

AM Session

Plaintiff Witness(es)

6 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Dean, Jessica	Haber, Dr. Steven	In Person
01:34:00	Break
01:52:30	Witness Cross Examination	Thackston, Robert	Haber, Dr. Steven	In Person
02:57:05	Witness Cross Examination	Schwegmann, Christopher	Haber, Dr. Steven	In Person
03:12:32	Witness Re-Direct Examination	Dean, Jessica	Haber, Dr. Steven	In Person
03:28:20	End of Session

PM Session

Plaintiff Witness(es)

10 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:55	Witness Direct Examination	Gross, Rachel	Madigan, Dr. David PhD.	In Person
00:25:29	Witness Cross Examination	Roberts, Theodore	Madigan, Dr. David PhD.	In Person
00:37:01	Witness Re-Direct Examination	Gross, Rachel	Madigan, Dr. David PhD.	In Person
00:37:54	Break
00:46:36	General Case Activities
00:47:50	Witness Direct Examination	Dean, Jessica	St. George, Dennis	In Person
01:49:30	Break
01:59:35	Witness Cross Examination	Flynn, Stephanie	St. George, Dennis	In Person
02:51:59	End of Session

FEB

AM Session

Plaintiff Witness(es)

7 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:41	Witness Re-Direct Examination	Dean, Jessica	St. George, Dennis	In Person
00:16:57	Witness Direct Examination	Buha, Mark	Bailey, Richard	In Person
01:40:50	Break
02:01:23	Witness Cross Examination	Thackston, Robert	Bailey, Richard	In Person
03:04:24	Witness Re-Direct Examination	Buha, Mark	Bailey, Richard	In Person
03:13:00	End of Session

PM Session

Plaintiff Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:48	Witness Direct Examination	Gross, Rachel	Plant, Parker	In Person
00:22:54	Witness Direct Examination	Braly, Benjamin	Fabi, Corrado	In Person
01:22:47	Witness Cross Examination	O'Neill, Elizabeth	Fabi, Corrado	In Person
01:43:05	Break
02:00:07	Witness Re-Direct Examination	Braly, Benjamin	Fabi, Corrado	In Person
02:11:11	General Case Activities
02:14:34	Witness Direct Examination	Dean, Jessica	Plant, Sarah	In Person
02:57:40	Witness Cross Examination		Plant, Sarah	In Person
03:12:03	Witness Cross Examination	O'Neill, Elizabeth	Plant, Sarah	In Person
03:14:56	Witness Re-Direct Examination	Dean, Jessica	Plant, Sarah	In Person
03:15:46	General Case Activities
03:17:16	End of Session

FEB

AM Session

Defense Witness(es)

7 Chapters

PM Session

Defense Witness(es)

7 Chapters

MAR

PM Session

Defense Witness(es)

5 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Thackston, Robert	Feingold, Dr. Allan MD	In Person
01:04:27	Witness Cross Examination	Dean, Jessica	Feingold, Dr. Allan MD	In Person
02:22:06	Witness Re-Direct Examination	Thackston, Robert	Feingold, Dr. Allan MD	In Person
02:27:02	General Case Activities
02:29:52	End of Session

MAR

AM Session

Closings

8 Chapters

PM Session

Verdict

0 Chapters

MAR

Recording Disclaimer: This proceeding was recorded in full.

Sarah J. Plant v. Avon Products Inc., et al.

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:21:32	Witness Direct Examination	Thackston, Robert	Barlow, Christy	Video Conference
01:20:35	Break
01:37:10	Witness Cross Examination	Gross, Rachel	Barlow, Christy	Video Conference
02:17:52	Witness Re-Direct Examination	Thackston, Robert	Barlow, Christy	Video Conference
02:30:30	General Case Activities
02:32:10	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:00:54	Witness Direct Examination	Thackston, Robert	Segrave, Dr. Alan	In Person
01:21:48	Break
01:38:11	Witness Cross Examination	Buha, Mark	Segrave, Dr. Alan	In Person
02:51:33	Witness Re-Direct Examination	Thackston, Robert	Segrave, Dr. Alan	In Person
02:58:56	General Case Activities
03:00:06	End of Session

	Description	Attorney
00:00:00	General Case Activities
00:02:57	Closing Statement	Dean, Jessica
01:37:29	Break
01:57:58	Closing Statement	Thackston, Robert
02:53:14	Closing Statement	O'Neill, Elizabeth
02:53:14	Closing Statement	Dean, Jessica
03:37:00	General Case Activities
03:48:20	End of Session