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TALKINGTON v. ATRIA RECLAMELUCIFERS FABRIEKEN BV

No. 97-1386.

152 F.3d 254 (1998)

John K. TALKINGTON, as Conservator for Felisha Sue Moore, a minor and as Personal Representative (Administrator) of the Estates of Ashley Renae Moore, John Curtis Moore, and Elizabeth Nicole Moore; Pamela Quigley, personal Representative for Eugene Allen Moore and Sueanne Elizabeth Moore, Plaintiffs-Appellees, v. ATRIA RECLAMELUCIFERS FABRIEKEN BV (CRICKET BV); Cricket SA; Poppell BV, Defendants-Appellants, and Tarkett North America Holding Incorporated, formerly known as Stora Holding Incorporated and as Swedish Match Holding Incorporated, Defendant. South Carolina Department of Social Services, Movant.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1998.

Attorney(s) appearing for the Case

ARGUED: Colleen Ann Scherkenbach, Quarles & Brady, Phoenix, Arizona; Frank J. Daily, Quarles & Brady, Milwaukee, Wisconsin, for Appellants. James Marion Thompson, Thompson & Smith, Augusta, Georgia, for Appellees. ON BRIEF: C. Christine Burns, Quarles & Brady, Phoenix, Arizona; Edward H. Starr, Jr., Mays & Valentine, Richmond, Virginia, for Appellants. Chad A. McGowan, Atlanta, Georgia; J. David Standeffer, Standeffer & Brislane, Anderson, South Carolina; Danny L. Durham, Fleming, Blanchard, Jackson & Durham, Augusta, Georgia, for Appellees.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and FRIEDMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge FRIEDMAN joined.

OPINION

WILLIAMS, Circuit Judge:

In this diversity action, we follow the South Carolina appellate courts' consistent holdings that the doctrines of strict liability and negligence are distinct theories of recovery in a products liability case, and that the denial of liability under one of these doctrines does not automatically...

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