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Tag Archives: Products Liability

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Tort/Negligence — Products Liability – Indemnification Claim – Workers’ Compensation – Employer (access required)

Brayboy v. MST-Maschinenbau GmbH (Lawyers Weekly No. 002-087-15, 8 pp.) (R. Bryan Harwell, J.) 4:14-cv-02965; D.S.C. Holding: In this products liability action, since the third-party defendant employer paid plaintiff workers’ compensation benefits after plaintiff was injured by a machine that ...

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Tort/Negligence – Products Liability – Crashworthiness – Evidence – Accident Causation (access required)

Quinton v. Toyota Motor Corp. Although S.C. courts have not directly addressed whether evidence of the cause of a crash is admissible in a crashworthiness case – in which plaintiff alleges that a defect caused an “enhanced injury” when the accident occurred, resulting in plaintiff’s decedent’s death – the S.C. Supreme Court has embraced the Restatement (Third) of Torts: Products Liability. Since the Restatement Third says causation evidence is admissible, the court denies plaintiff’s motion in limine to exclude such evidence

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Tort/Negligence – Products Liability – Civil Practice – Pleadings – Parent Corporation (access required)

Derrick v. Johnson Controls, Inc. Just over a month after plaintiff filed this products liability action based on an automobile battery explosion, defendant indicated in an interrogatory response that it had not manufactured the battery at issue and that plaintiff may have intended to sue defendant’s wholly-owned subsidiary.

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