Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Green v. Bradley Co.

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

July 7, 2016

Shameka Green, Plaintiff,
v.
The Bradley Company; Open Plan Systems, LLC, f/k/a HMU, LLC, [1] Defendants. The Bradley Company, Third-Party Plaintiff,
v.
Hignite Enterprises, Third-Party Defendant.

          ORDER AND OPINION

         Plaintiff Shameka Green filed this action seeking actual and punitive damages against Defendants The Bradley Company and Open Plan Systems, LLC for injuries Plaintiff suffered in an incident on September 23, 2011, involving the collapse of a desk at her workplace. (ECF No. 4-1.) Plaintiff’s request for damages is grounded in three causes of action: 1) Defendants’ negligence, 2) Defendants’ breach of implied warranty of merchantability under S.C. Code Ann. § 36-2-314 (2016), and 3) Defendants’ breach of implied warranty of fitness for a particular purpose under S.C. Code Ann. § 36-2-315 (2016). (Id.)

         This court originally denied the Motion to Dismiss of Defendant Open Plan Systems, LLC (“Defendant”) regarding all three causes of actions against it. Now before the court is Defendant’s Motion to Alter Judgment (ECF No. 25) with respect to the negligence claim. For the reasons explained below, this court GRANTS Defendant’s Motion to Alter Judgment (ECF No. 25).

         I. RELEVANT FACTUAL BACKGROUND

         According to Plaintiff, Defendant The Bradley Company purchased the desk at issue and installed it at Plaintiff’s workplace, DirecTV (Teleperformance Group, LLC). (ECF No. 4-1 at 3.) Defendant Open Plan Systems, LLC allegedly was the “refurbisher, supplier and purveyor” of the desk. (Id.)

         Plaintiff was employed at DirecTV, where she allegedly sustained injuries as a result of the desk’s collapse on September 23, 2011. (Id.) Plaintiff claims the collapse was the result of the negligent installation of the desk and the negligent failure to remove original paint prior to repainting and refurbishing the desk. (Id. at 3-4.) Plaintiff further alleges that the desk was not merchantable and that Defendants failed to furnish a desk that complied with the purpose for which it was purchased. (Id. at 5-6.)

         Plaintiff filed her original Complaint against Herman Miller, Inc. and The Bradley Company on June 3, 2014. (ECF No. 12 at 1-2.) She filed her Amended Complaint on May 15, 2015, wherein she replaced Herman Miller, Inc. with the Defendant in this action, Open Plan Systems, LLC. (Id.) In her Amended Complaint, Plaintiff brings claims of negligence, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose. (See generally ECF No. 4-1.)

         II. ANALYSIS

         A. The Court’s Original Order Denying Defendant’s Motion to Dismiss

         In its Motion to Dismiss, Defendant argued that the statute of limitations barred Plaintiff’s negligence claim since Plaintiff did not file the Amended Complaint against it until May 15, 2015, (ECF No. 4-3 at 2-4), almost eight (8) months after the negligence claim’s statute of limitations had run. In its original Order denying Defendant’s Motion to Dismiss, this court concluded that Plaintiff’s Amended Complaint “related back” under Rule 15(c) of the Federal Rules of Civil Procedure. (ECF No. 22 at 9-10 (footnote omitted).)

Rule 15(c) allows for a claim to relate back to the date of the original pleading if:
(B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out-or attempted to be set out-in the original pleading; or
(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment: (i) received such notice of the action that it will not be prejudiced in defending on the merits; and (ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party’s identity.

Fed. R. Civ. P. 15(c)(1). The court found that Plaintiff’s claims complied with all of Rule 15(c)’s requirements, thereby avoiding being barred by the statute of limitations.

         Among other conclusions to support this finding, this court specifically concluded that Defendant, as a substitute party under Rule 15, had sufficient notice within the required period for which Rule 4(m) of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.