James SIMMONS, Plaintiff,
v.
MARK LIFT INDUSTRIES, INC.; Mark Industries, Inc.; Terex Corporation; BPS Equipment Rental and Sales, Inc.; and Prime Equipment and Rental Service Corporation, Defendants.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard April 7, 2005.
Decided October 24, 2005.
Rehearing Denied December 12, 2005.
Attorney(s) appearing for the Case
John D. Kassel and Theile M. McVey, both of Columbia, for Plaintiff.
Robert W. Foster, Jr., George B. Cauthen, and C. Mitchell Brown, all of Nelson, Mullins, Riley & Scarborough, L.L.P., of Columbia, for Defendant Terex Corp.
Clark W. Dubose and Phillip Florence, Jr., both of Haynsworth Sinkler Boyd, P.A., for Defendant BPS Equipment Rental and Sales, Inc.
John S. Nichols of Bluestein & Nichols, LLC, of Columbia, for Amicus Curiae, the South Carolina Trial Lawyers Association.
Gray T. Culbreath of Collins & Lacy, P.C., of Columbia, for Amicus Curiae, the South Carolina Manufacturers' Alliance.
David M. Collins of Buist Moore Smythe McGee, P.A. of Charleston, for Amicus Curiae, the Products Liability Advisory Council, Inc.
Supreme Court of South Carolina.
Justice WALLER:
We granted certification from the United States District Court of South Carolina pursuant to Rule 228, SCACR, to address the following three questions:
1. May a plaintiff maintain a product liability claim in South Carolina under a successor liability theory against a defendant which purchased only assets of a voluntarily bankrupt selling company in an arms-length and court-approved bankruptcy sale and the purchasing company did not approve...
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