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Boisvert v. Techtronic Indus. North Am., Inc.

United States District Court, D. South Carolina, Anderson Division

September 29, 2014

HENRY P. BOISVERT, III, Plaintiff,
v.
TECHTRONIC INDUSTRIES NORTH AMERICA, INC.; ONE WORLD TECHNOLOGIES, INC.; and RYOBI TECHNOLOGIES, INC., Defendants

For Henry P Boisvert, III, Plaintiff: Boyce Allen Clardy, Jr, LEAD ATTORNEY, Clardy Law Firm, Greenville SC.

For Techtronic Industries North America Inc, One World Technologies Inc, Ryobi Technologies Inc, Defendants: Jason D Maertens, Robert Daniel Moseley, Jr, LEAD ATTORNEY, Smith Moore Leatherwood, Greenville, SC.

OPINION AND ORDER

Bruce Howe Hendricks, United States District Judge.

This matter is before the Court on the defendants' motion for summary judgment

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pursuant to Rule 56 of the Federal Rules of Civil Procedure. The defendants contend that application of S.C. Code § 15-5-150 bars suit in this Court.

BACKGROUND

The plaintiff commenced this product liability action on April 1, 2013, alleging claims of strict products liability, negligence, breach of implied warranty of fitness, breach of warranty of merchantability, and reckless, willful or malicious conduct. (See generally Compl.) The plaintiff alleges that this suit " arises out of the serious and permanent personal injuries suffered by Plaintiff on or about April 3, 2010," while using a Ryobi table saw. (Compl. ¶ 7.) The plaintiff is a resident of Virginia (Compl. ¶ 1); the subject accident occurred in Virginia (see Pl. Resp. to Defs.' Request for Admission Nos. 1-3); and the plaintiff purchased the subject saw outside of South Carolina (see id. at Request No. 6). Each of the defendants are incorporated in and organized under the laws of the State of Delaware. (Compl. ¶ ¶ 2-4.)

APPLICABLE LAW

The court shall grant summary judgment " if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). The movant bears the initial burden of demonstrating that summary judgment is appropriate; if the movant carries its burden, then the burden shifts to the non-movant to set forth specific facts showing that there is a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If a movant asserts that a fact cannot be disputed, it must support that assertion either by " citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; " or " showing . . . that an adverse party cannot produce admissible evidence to support the fact." Fed.R.Civ.P. 56(c)(1).

Accordingly, to prevail on a motion for summary judgment, the movant must demonstrate that: (1) there is no genuine issue as to any material fact; and (2) that he is entitled to judgment as a matter of law. As to the first of these determinations, a fact is deemed " material" if proof of its existence or non-existence would affect disposition of the case under applicable law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue of material fact is " genuine" if the evidence offered is such that a reasonable jury might return a verdict for the non-movant. Id. at 257. In determining whether a genuine issue has been raised, the court must construe all inferences and ambiguities against the movant and in favor of the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962).

Under this standard, the existence of a mere scintilla of evidence in support of the plaintiff's position is insufficient to withstand the summary judgment motion. Anderson, 477 U.S. at 252. Likewise, conclusory allegations or denials, without more, are insufficient to preclude the granting of the summary judgment motion. Ross v. Communications Satellite Corp., 759 F.2d 355, 365 (4th Cir. 1985). " Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be

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counted." Anderson, 477 U.S. at ...


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