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COLLETON PREPARATORY ACADEMY, INC. v. HOOVER UNIVERSAL, INC.

No. 26535.

379 S.C. 181 (2008)

666 S.E.2d 247

COLLETON PREPARATORY ACADEMY, INC., Plaintiff, v. HOOVER UNIVERSAL, INC., Defendant.

Supreme Court of South Carolina.

Decided August 25, 2008.

Attorney(s) appearing for the Case

Charles Hiram Williams, II, of Williams & Williams, of Orangeburg, for Plaintiff.

Charles J. Baker, III, of Buist, Moore, Smythe & McGee, of Charleston; and Richard Kenneth Wray and Casey L. Westover, both of Reed Smith, of Chicago, IL, for Defendant.

C. Mitchell Brown and William C. Wood, Jr., of Nelson Mullins Riley & Scarborough, of Columbia, for Amicus Curiae Product Liability Advisory Council, Inc.

Saunders M. Bridges, Jr., of Aiken, Bridges, Nunn, Elliott & Tyler, of Florence, for Amicus Curiae Beazer Fast Food, Inc. and Osmose, Inc.

Justice BEATTY.

We accepted two questions certified by the United States District Court for South Carolina pursuant to Rule 228, SCACR. The questions involve recovery in tort in light of the economic loss doctrine and recovery under the South Carolina Unfair Trade Practices Act (UTPA) for a remote user. After careful consideration, we answer the first question "no," and "yes." We answer the second question, "yes."

FACTS

Plaintiff Colleton Preparatory...

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