Koester v. Carolina Rental Center, Inc., No. 24048
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | CHANDLER; FINNEY, TOAL and MOORE, JJ., and WALTER J. BRISTOW, Jr. |
| Citation | 313 S.C. 490,443 S.E.2d 392 |
| Parties | , Prod.Liab.Rep. (CCH) P 13,862 Dwight KOESTER, Petitioner, v. CAROLINA RENTAL CENTER, INC., Respondent. . Heard |
| Decision Date | 03 February 1994 |
| Docket Number | No. 24048 |
Page 392
v.
CAROLINA RENTAL CENTER, INC., Respondent.
Decided April 18, 1994.
Rehearing Denied May 18, 1994.
Page 393
[313 S.C. 491] Allan R. Holmes, of Gibbs & Holmes, Charleston, and Mary B. Webb, North Charleston, for petitioner.
Robert H. Hood, John K. Blincow, Jr., and Joseph C. Wilson, IV, Charleston, for respondent.
[313 S.C. 492] CHANDLER, Acting Chief Justice.
We granted Dwight Koester's (Koester) petition for writ of certiorari to review Koester v. Carolina Rental Center, Inc., --- S.C. ----, 427 S.E.2d 708 (Ct.App.1993). Koester contends that the Court of Appeals erred in affirming summary judgment for Carolina Rental Center, Inc. (Carolina). We agree and reverse.
I. Facts
On September 7, 1986, Koester was using tree climbing equipment rented from Carolina that consisted of spikes attached to each foot and a harness with a seat. The equipment did not include a device known as a lanyard that attaches to the harness with metal safety clips to prevent the climber from falling away from the tree. Carolina did not rent lanyards for fear of liability that might arise if a lanyard became worn and broke during use. Instead, Carolina instructed consumers to purchase a rope to use in lieu of a lanyard. No other instructions or
Page 394
warnings were given. Koester was using the equipment in accordance with Carolina's instructions when a knot in his makeshift rope lanyard gave way and he fell approximately fifty feet.Koester thereafter commenced this action against Carolina for negligence, breach of warranty, and strict product liability. After answering, Carolina moved for summary judgment, asserting that the negligence cause of action failed because Koester's injuries were caused by his own negligence; that the breach of warranty action failed because there was no proof that the climbing gear was not fit for its intended use; and that the strict liability claim failed because there was no evidence that the items rented were defective. The trial judge agreed and granted summary judgment. Koester appealed and the Court of Appeals affirmed, finding that the negligence and strict liability causes of action were negated because the proximate cause of Koester's injuries "was the slipping of the knot which he himself tied." Koester at ----, 427 S.E.2d at 710. The Court of Appeals also held...
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Staubes v. City of Folly Beach, No. 2834.
...be reasonably drawn therefrom must be viewed in the light most favorable to the nonmoving party. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994). See also Bates v. City of Columbia, 301 S.C. 320, 391 S.E.2d 733 (Ct.App.1990)(in determining whether to grant summary......
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Vinson v. Hartley, No. 2572
...supra; Bramlette, supra. The touchstone of proximate cause in South Carolina is foreseeability. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994); Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978). Foreseeability is determined by looking to the natural ......
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Jamison v. Ford Motor Co., No. 4220.
...at 463, 494 S.E.2d at 842. The touchstone of proximate cause in South Carolina is foreseeability. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994); Small, 329 S.C. at 463, 494 S.E.2d at Ford advanced its contention that, because no reliable proof existed showing Is......
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Mellen v. Lane, No. 4354.
...Bishop, 331 S.C. at 88, 502 S.E.2d at 83 (citing Oliver, 309 S.C. at 316, 422 S.E.2d at 130; Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 493, 443 S.E.2d 392, 394 (1994)); Rush, 310 S.C. at 379, 426 S.E.2d at 804; Thomas Sand Co., 349 S.C. at 408-409, 563 S.E.2d at 112. "Legal cause......
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Staubes v. City of Folly Beach, No. 2834.
...be reasonably drawn therefrom must be viewed in the light most favorable to the nonmoving party. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994). See also Bates v. City of Columbia, 301 S.C. 320, 391 S.E.2d 733 (Ct.App.1990)(in determining whether to grant summary......
-
Vinson v. Hartley, No. 2572
...supra; Bramlette, supra. The touchstone of proximate cause in South Carolina is foreseeability. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994); Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978). Foreseeability is determined by looking to the natural ......
-
Jamison v. Ford Motor Co., No. 4220.
...at 463, 494 S.E.2d at 842. The touchstone of proximate cause in South Carolina is foreseeability. Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 443 S.E.2d 392 (1994); Small, 329 S.C. at 463, 494 S.E.2d at Ford advanced its contention that, because no reliable proof existed showing Is......
-
Mellen v. Lane, No. 4354.
...Bishop, 331 S.C. at 88, 502 S.E.2d at 83 (citing Oliver, 309 S.C. at 316, 422 S.E.2d at 130; Koester v. Carolina Rental Ctr., Inc., 313 S.C. 490, 493, 443 S.E.2d 392, 394 (1994)); Rush, 310 S.C. at 379, 426 S.E.2d at 804; Thomas Sand Co., 349 S.C. at 408-409, 563 S.E.2d at 112. "Legal ......