Corporate – Mere Continuation – Elevator Shaft Fall – Contract – Strict Liability

Plaintiff opened an access door to an elevator in her condominium building, stepped through the door, and fell down the elevator shaft because the elevator, which had been installed by defendant Colson Electric & Elevators, Inc., was not at the floor. Even though defendant Coastal Elevators & Lifts, LLC, did not exist when the elevator was installed, since Allison Williams, Coastal’s only owner, opened Coastal at the same time she was closing Colson, and since Williams was also the only owner of Colson, there is a dispute of material fact regarding whether Coastal is a mere continuation of Colson.

Coastal’s motion for summary judgment is denied.

Strict liability under S.C. Code Ann. § 15-73-10 does not apply to services; however, Colson both sold and installed the elevator in question. Coastal, as a potential successor to Colson, has failed to demonstrate that it is primarily a provider of services rather than a seller; therefore, Coastal is not entitled to summary judgment on the strict liability claims against it.

Voeltz v. Bridge Charleston Investments E, LLC (Lawyers Weekly No. 002-015-19, 7 pp.) (Richard Gergel, J.) 2:16-cv-2971. Christopher McCool and John Decker for plaintiff; Kevin O’Brien, Robert Kennedy, Elizabeth Fulton, Duke Highfield, Jeffrey Wiseman and Victoria Anderson for defendants. D.S.C.