Livingston v. Noland Corp., No. 22792
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | NESS; GREGORY, HARWELL and FINNEY, JJ., and BRUCE LITTLEJOHN |
| Citation | 362 S.E.2d 16,293 S.C. 521 |
| Parties | , 72 A.L.R.4th 83, Prod.Liab.Rep. (CCH) P 11,645 W.R. LIVINGSTON, Appellant-Respondent, v. NOLAND CORPORATION and Copeland Corporation, Respondents, of whom Copeland Corporation is Respondent-Appellant. Appeal of Copeland Corporation. . Heard |
| Docket Number | No. 22792 |
| Decision Date | 20 April 1987 |
Page 16
Prod.Liab.Rep. (CCH) P 11,645
v.
NOLAND CORPORATION and Copeland Corporation, Respondents, of
whom Copeland Corporation is Respondent-Appellant.
Appeal of Copeland Corporation.
Decided Nov. 9, 1987.
Page 17
[293 S.C. 522] Robert H. Hood and John F. Martin, of Robert H. Hood & Associates, Charleston, for appellant/respondent.
Thomas J. Wills, IV, of Barnwell, Whaley, Patterson & Helms, Charleston, for respondents.
Richard A. Steadman, Jr., North Charleston, and Douglas N. Truslow, Columbia, for respondent/appellant.
NESS, Chief Justice:
W.R. Livingston (Livingston) brought this products liability action to recover damages incurred when his catfish and eel farming operation was partially destroyed by fire. Livingston alleged the fire was caused by a defective refrigerator compressor, originally manufactured by Copeland Corporation (Copeland) and remanufactured, prior to installation, by Our Way, Inc. A total of six (6) remanufactured compressors were sold by Noland Corporation (Noland) to Livingston's refrigeration repairman and were installed[293 S.C. 523] at Livingston's business between October, 1978 and the fire in August, 1979.
At the conclusion of Livingston's case, the trial judge granted Noland an involuntary nonsuit on all causes of action except implied warranty. Livingston was granted a voluntary nonsuit with prejudice as to Noland on the cause of action for breach of implied warranty. Copeland was granted an involuntary nonsuit on all causes of action except negligent manufacture and breach of express and implied warranties.
At the conclusion of the evidence, Livingston withdrew his cause of action for express warranty as to all defendants. A verdict of $922.00 actual damages was returned against Copeland for breach of implied warranty.
Copeland appeals the denial of its motions for involuntary nonsuit and for judgment n.o.v. on the implied warranty cause of action. Livingston appeals various rulings, including the involuntary nonsuits on the causes of action for strict liability and negligent failure to warn.
In reviewing the rulings of a trial judge on motions for involuntary nonsuit and judgment n.o.v., this Court must review the evidence and all inferences in the light most favorable to the nonmoving party. Rewis v. Grand Strand General Hospital,
Page 18
290 S.C. 40, 348 S.E.2d 173 (1986). If more than one reasonable inference can be drawn from the evidence, the issues of negligence and proximate cause must be submitted to the jury. Id.For the reasons set forth below, we reverse the denial of Copeland's motion for judgment n.o.v. on the implied warranty cause of action and affirm the remainder of the trial judge's rulings.
Strict Liability and Breach of Implied Warranty
Livingston argued...
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Fisher v. Pelstring, Civil Action No. 4:09–cv–00252–TLW.
...reasonable care to inform of its dangerous condition or of the facts which make it likely to be dangerous.” Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16, 18 (1987) (citing Gardner v. Q.H.S., Inc., 448 F.2d 238, 242 (4th Cir.1971)); see also Claytor v. Gen. Motors Corp., 277 S.C. ......
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Little v. Brown & Williamson Tobacco Corp., CIV.A.2:98-1879-23.
...warranty, a plaintiff must prove that "the product was not reasonably fit or safe for its intended use." Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16, 18 (1987); Claytor v. General Motors Corp., 277 S.C. 259, 286 S.E.2d 129, 132 (1982) (same); Doty, 368 S.E.2d at 671 (asserting t......
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Small v. Pioneer Machinery, Inc., 2748
...liability theory, a plaintiff must prove the product defect was the proximate cause of the injury sustained. Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987) (proximate cause is element of strict liability claim); Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978) ......
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Bragg v. Hi-Ranger, Inc., HI-RANGE
...the product left the defendant's control; and (3) the defect was the proximate cause of the injury sustained. Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987); Claytor v. General Motors Corp., 277 S.C. 259, 286 S.E.2d 129 (1982); Madden v. Cox, 284 S.C. 574, 328 S.E.2d 108 (Ct......
-
Fisher v. Pelstring, Civil Action No. 4:09–cv–00252–TLW.
...reasonable care to inform of its dangerous condition or of the facts which make it likely to be dangerous.” Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16, 18 (1987) (citing Gardner v. Q.H.S., Inc., 448 F.2d 238, 242 (4th Cir.1971)); see also Claytor v. Gen. Motors Corp., 277 S.C. ......
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Little v. Brown & Williamson Tobacco Corp., CIV.A.2:98-1879-23.
...warranty, a plaintiff must prove that "the product was not reasonably fit or safe for its intended use." Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16, 18 (1987); Claytor v. General Motors Corp., 277 S.C. 259, 286 S.E.2d 129, 132 (1982) (same); Doty, 368 S.E.2d at 671 (asserting t......
-
Small v. Pioneer Machinery, Inc., 2748
...liability theory, a plaintiff must prove the product defect was the proximate cause of the injury sustained. Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987) (proximate cause is element of strict liability claim); Young v. Tide Craft, Inc., 270 S.C. 453, 242 S.E.2d 671 (1978) ......
-
Bragg v. Hi-Ranger, Inc., HI-RANGE
...the product left the defendant's control; and (3) the defect was the proximate cause of the injury sustained. Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987); Claytor v. General Motors Corp., 277 S.C. 259, 286 S.E.2d 129 (1982); Madden v. Cox, 284 S.C. 574, 328 S.E.2d 108 (Ct......