United States District Court, D. South Carolina, Anderson/Greenwood Division
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY
GEIGER LEWIS, UNITED STATES DISTRICT JUDGE
a products liability action. The Court has jurisdiction over
the matter under 28 U.S.C. §§ 1332 and 1367.
Pending before the Court is Defendants’ motion for
partial summary judgment. ECF No. 58. Having carefully
considered the motion, the response, the reply, the record,
and the applicable law, it is the judgment of the Court that
Defendants’ motion will be granted in part and denied
FACTUAL AND PROCEDURAL HISTORY
action arose out of an incident on February 1, 2014, when
Plaintiff suffered injuries from the explosion of a portable
consumer gas can manufactured by Blitz, U.S.A., Inc., which
Plaintiff purchased from Wal-Mart in the spring of 2003.
Id. at 5; ECF No. 63 at 3-4. Taking the facts in the
light most favorable to Plaintiff, the relevant facts for
purposes of this motion are as follows:
purchased the gas can at issue from Wal-Mart in Seneca, South
Carolina, in the spring of 2003, and he regularly used the
item over the next eleven years to fuel his lawnmower,
chainsaw, four-wheeler, and generator. ECF No. 58 at 6.
Plaintiff also owned about ten other portable consumer gas
cans over the same time period and used them thousands of
times. Id. (citing Pl.’s Dep. at 58:17-59:9,
particular gas can had warnings on both sides of the can.
Id. One side of the can warns:
VAPORS CAN EXPLODE
HARMFUL OR FATAL IF SWALLOWED
IF SWALLOWED, DO NOT INDUCE VOMITING. CALL PHYSICIAN
IMMEDIATELY. KEEP OUT OF REACH OF CHILDREN. AVOID PROLONGED
BREATHING OF VAPORS. DO NOT SIPHON BY MOUTH. DO NOT STORE IN
VEHICLE OR LIVING SPACE. STORE AND USE IN WELL-VENTILATED
AREA. VAPORS CAN BE IGNITED BY A SPARK OR FLAME SOURCE MANY
FEET AWAY. KEEP AWAY FROM FLAME, PILOT LIGHT, STOVES,
HEATERS, ELECTRIC MOTORS, ...