 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rife v. Hitachi Construction Machinery Co.1/31/2005
nticipated. Mickle v. Blackmon, 252 S.C. 202, 166 S.E.2d 173 (1969); Small, 329 S.C. at 467, 494 S.E.2d at 844.
II. Summary Judgment - Hitachi Construction Machinery Co., Ltd.
Rife argues the judge erred in granting summary judgment to Hitachi. We disagree.
The trial court granted summary judgment to Hitachi on the ground that Rife's injuries were not the foreseeable consequences of Hitachi's failure to equip the EX100 with a seat belt because it was designed and manufactured solely for distribution and use in Japan.
Uncontroverted testimony indicated Hitachi intended the EX100 only for the Japanese market, sold the EX100 to a Japanese customer, and manufactured the EX100 in accordance with Japanese safety standards. The EX100 was not constructed according to United States standards and was never intended for sale in the United States. Some third party imported the EX100 into the United States and sold it on the "gray market." Black's Law Dictionary defines "gray market" as a "market in which the seller uses legal but sometimes unethical methods to avoid a manufacturer's distribution chain and thereby sell goods (esp. imported goods) at prices lower than those envisioned by the manufacturer." Black's Law Dictionary 989 (8th ed. 2004). "Gray market" products include "'goods produced abroad with authorization and payment but which are imported into unauthorized markets.'" Black's Law Dictionary 989 (quoting Ralph H. Folsom & Michael W. Gordon, International Business Transactions ยง 20.8 (1995)).
There is no evidence regarding how many people owned the EX100 prior to its purchase by Dirty Works or whether anyone altered the EX100 in any way. Under these facts, Hitachi could not reasonably foresee the EX100, designed for use in Japan, would injure a person in the United States. Any foreseeability link was severed when the EX100 was imported into the United States. Therefore, as a matter of law, Hitachi is not liable for Rife's injuries.
III. Summary Judgment - American Equipment Company
Rife contends the judge erred in granting summary judgment to American Equipment on Rife's theories of liability: strict liability, negligent design and manufacture, and failure to warn of a defect. We disagree.
The trial court based its decision to grant summary judgment to American Equipment on the holding of the factually similar case, Marchant v. Mitchell Distrib. Co., 270 S.C. 29, 240 S.E.2d 511 (1977). In Marchant, the plaintiff sustained an injury when a cable snapped, causing a bucket connected to a hydraulic crane's telescoping boom to fall. The plaintiff brought an action against Mitchell Distributing, the equipment distributor who sold the crane to the plaintiff's employer, alleging negligence, breach of express and/or implied warranties of merchantability and fitness for a particular purpose, and strict liability. The actions averring breach of warranty and strict liability were based on the theory that the absence of a safety attachment called an anti-blocking device rendered the crane unfit for its intended purpose and in a defective condition unreasonably dangerous to the user. Id. at 32, 240 S.E.2d at 511-12. The safety device was an available option purchasable for an additional price. The plaintiff's employer did not purchase the device. Id.
In concluding the trial court correctly granted the summary judgment motion as to Mitchell Distributing, the Marchant court explained:
Marchant argues that his showing supports the inference that the crane, absent the optional safety device, was a defective product unreasonably dangerous. We think however, that the fact the crane was without the o
Page 1 2 3 4 5 6 South Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|