BELL v. MONSANTO CORP.

No. 25617.

353 S.C. 553 (2003)

579 S.E.2d 325

Robert FARMER and Harry Bell, on behalf of themselves and all others similarly situated, Respondents, v. MONSANTO CORPORATION, Delta and Pine Land Company, Helena Chemical Company, Mixon Seed Company, UAP/GA Ag Chem., Inc., and Paymaster Seed Company, Appellants.

Supreme Court of South Carolina.

Decided April 7, 2003.


Attorney(s) appearing for the Case

Carl B. Epps, III, Christopher J. Daniels, Rachel A. Hedley, and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for appellants Monsanto Company and UAP/Ag Chem., Inc.

M. Dawes Cooke, Jr., of Barnwell Whaley Patterson & Helms, L.L.C., of Charleston; and Stephen L. Thomas, of Bradley, Arant, Rose & White, L.L.P., of Jackson, Mississippi, for appellants Delta and Pine Land Co., Paymaster Seed Co., Helena Chemical Co., and Mixon Seed Co.

Daniel A. Speights, Marion C. Fairey, Jr., and Robert N. Hill, of Speights & Runyan, of Hampton; and John E. Parker, Mark D. Ball, Ronnie L. Crosby, of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Hampton, for respondents.

Robert D. Moseley, Jr., of Leatherwood Walker Todd & Mann, P.C., of Greenville, for amicus curiae S.C. Chamber of Commerce.

Ronald R. Norton, of Conway, for amicus curiae Washington Legal Foundation.

Chilton Davis Varner and Michelle Jerusalem Cole, of King & Spalding, of Atlanta, Georgia; Hugh F. Young, Jr., of Reston, Virginia; and Henry B. Smythe, Jr. and Julius H. Hines, of Buist, Moore, Smythe & McGee, P.A., of Charleston, for amicus curiae Product Liability Advisory Council, Inc.


Justice MOORE.

Appellants (Corporations) appeal an order striking their affirmative defenses based on the "door-closing" statute, S.C.Code Ann. § 15-5-150 (1976), and the statute of limitations. We reverse in part and affirm in part.

FACTS

Respondents (Plaintiffs), who are South Carolina residents, commenced this action for actual and punitive damages allegedly resulting from the purchase of defective cotton seed.

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