(S.C., filed March 24, 2023): Urging the Court to reverse the trial court’s granting of a new trial nisi additur because the trial court and Court of Appeals failed to follow precedent, applying an outlier approach that essentially gave the trial court absolute discretion to replace the jury’s determination of damages. Also, the Court should reverse the trial court’s setoff calculation, which utilized plaintiffs’ unilateral allocation of settlement proceeds to avoid a complete setoff. The errors in this case impact South Carolina’s asbestos litigation environment.
This week is aimed at educating both the public and our government leaders about how excessive litigation drains resources from businesses, stifles innovation, and ultimately hurts consumers and job creation.