Raino v. Goodyear Tire and Rubber Co., No. 23703
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | MOORE; HARWELL |
| Citation | 422 S.E.2d 98,309 S.C. 255 |
| Parties | Cynthia RAINO, Respondent, v. GOODYEAR TIRE AND RUBBER COMPANY, Lee Tire Company, Stokes Honda of Beaufort, Inc., and Barnard Tire Company, Defendants, Of Whom Goodyear Tire and Rubber Company and Lee Tire Company are Appellants. . Heard |
| Decision Date | 05 June 1992 |
| Docket Number | No. 23703 |
Page 98
v.
GOODYEAR TIRE AND RUBBER COMPANY, Lee Tire Company, Stokes
Honda of Beaufort, Inc., and Barnard Tire Company,
Defendants,
Of Whom Goodyear Tire and Rubber Company and Lee Tire
Company are Appellants.
Decided Aug. 31, 1992.
[309 S.C. 256] Charles E. Carpenter, Jr., and Deborah L. Harrison, both of Richardson, Plowden, Grier & Howser, Columbia, and Robert H. Hood and Carl E. Pierce, II, both of Hood Law Firm, Charleston, for appellants.
John E. Parker, of Peters, Murdaugh, Parker, Eltzroth & Detrick, Hampton, and A. Parker Barnes, of Barnes & Smith, P.A., Beaufort, for respondent.
Page 99
William C. Anderson, Jr., Hampton, for defendant Barnard Tire Company.
Stephen P. Hughes, of Howell, Gibson & Hughes, P.A., Beaufort, for defendant Stokes Honda of Beaufort, Inc.
MOORE, Justice:
This is a strict liability case. Appellants Goodyear Tire and Rubber Company (Goodyear) and Lee Tire Company (Lee) allege that the trial judge erred in ruling evidence relating to alcohol was inadmissible and in failing to grant Goodyear's motions for dismissal. We affirm.
I. FACTS
Respondent Cynthia Raino (Raino) was seriously injured in a single car accident on July 25, 1987, at 9:00 a.m. outside Hardeeville. On August 9, 1988, Raino brought this action in Hampton County against Goodyear, Lee, Stokes Honda of Beaufort, Inc. (Stokes), and Barnard Tire Company (Barnard) under the theories of negligence, warranty, and strict liability. Raino alleged the left rear tire was defective and caused her accident. At trial, Raino pursued only the issue of strict liability.
Raino purchased the car from Stokes on August 16, 1986. Stokes bought the four GT Performer tires on the car from Barnard on July 25, 1986. The allegedly defective tire was [309 S.C. 257] manufactured by Kelly Springfield Tire (Kelly) and sold by Lee. Raino also alleged that Goodyear, which owns the entire stock of Kelly and Lee should be liable for any defect in the tire. Goodyear moved to be dismissed several times before and during the trial on the ground that it did not manufacture the tire. The trial judge denied these motions. The parties then consented to the trial judge deciding whether Goodyear manufactured the tire rather than submitting this issue to the jury. The trial judge ruled that Goodyear was the manufacturer of the tires.
The defense attempted to introduce several items of evidence concerning Raino's consumption of alcohol, which they contended was the actual proximate cause of the accident. The trial judge ruled the evidence was inadmissible. The jury returned a $750,000.00 verdict for Raino against all the defendants. Indemnification was awarded against Goodyear and Lee to Stokes and Barnard. Goodyear and Lee now appeal.
II. DISCUSSION
The elements of a cause of action for strict liability are 1) the product was not reasonably fit or safe for its intended use; and 2) the defect was the direct and efficient cause of the plaintiff's injury. Livingston v. Noland Corp., 293 S.C. 521, 362 S.E.2d 16 (1987). At trial, appellants attempted to introduce several items into evidence concerning Raino's alleged consumption of alcohol...
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Wright v. Craft, No. 4181.
...even after final judgment."); Silverman v. Campbell, 326 S.C. 208, 208, 486 S.E.2d 1, 2 (1997); Raino v. Goodyear Tire & Rubber Co., 309 S.C. 255, 259, 422 S.E.2d 98, 100 (1992); Holloman v. McAllister, 289 S.C. 183, 186, 345 S.E.2d 728, 729 (1986); Willis v. Bishop, 276 S.C. 156, 157, 276 ......
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State v. Mathis, No. 3806.
...to the final custodian by whom it is analyzed. State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Raino v. Goodyear Tire and Rubber Co., 309 S.C. 255, 422 S.E.2d 98 (1992); State v. Kahan, 268 S.C. 240, 233 359 S.C. 466 S.E.2d 293 (1977) (citing Benton v. Pellum, 232 S.C. 26, 100 S.E.2d 5......
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Davis v. Tripp, No. 3086.
...313 S.C. 476, 443 S.E.2d 379 (1994). This is true even after a trial of the case on its merits. Raino v. Goodyear Tire & Rubber Co., 309 S.C. 255, 422 S.E.2d 98 (1992). "Issues relating to subject matter jurisdiction may be raised at any time, cannot be waived even by consent, and should be......
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State v. Taylor, No. 3837.
...addressed to the sound discretion of the trial judge. Williams, 297 S.C. at 293, 376 S.E.2d at 774; Raino v. Goodyear Tire and Rubber Co., 309 S.C. 255, 258, 422 S.E.2d 98, 100 (1992); Johnson, 318 S.C. at 196, 456 S.E.2d at 443. On appeal, the question presented is whether the trial court'......
-
Wright v. Craft, No. 4181.
...even after final judgment."); Silverman v. Campbell, 326 S.C. 208, 208, 486 S.E.2d 1, 2 (1997); Raino v. Goodyear Tire & Rubber Co., 309 S.C. 255, 259, 422 S.E.2d 98, 100 (1992); Holloman v. McAllister, 289 S.C. 183, 186, 345 S.E.2d 728, 729 (1986); Willis v. Bishop, 276 S.C. 156, 157, 276 ......
-
State v. Mathis, No. 3806.
...to the final custodian by whom it is analyzed. State v. Cribb, 310 S.C. 518, 426 S.E.2d 306 (1992); Raino v. Goodyear Tire and Rubber Co., 309 S.C. 255, 422 S.E.2d 98 (1992); State v. Kahan, 268 S.C. 240, 233 359 S.C. 466 S.E.2d 293 (1977) (citing Benton v. Pellum, 232 S.C. 26, 100 S.E.2d 5......
-
Davis v. Tripp, No. 3086.
...313 S.C. 476, 443 S.E.2d 379 (1994). This is true even after a trial of the case on its merits. Raino v. Goodyear Tire & Rubber Co., 309 S.C. 255, 422 S.E.2d 98 (1992). "Issues relating to subject matter jurisdiction may be raised at any time, cannot be waived even by consent, and should be......
-
State v. Taylor, No. 3837.
...addressed to the sound discretion of the trial judge. Williams, 297 S.C. at 293, 376 S.E.2d at 774; Raino v. Goodyear Tire and Rubber Co., 309 S.C. 255, 258, 422 S.E.2d 98, 100 (1992); Johnson, 318 S.C. at 196, 456 S.E.2d at 443. On appeal, the question presented is whether the trial court'......