WESTON v. KIM'S DOLLAR STORE

No. 4592.

385 S.C. 520 (2009)

684 S.E.2d 769

Monica WESTON, Appellant, v. KIM'S DOLLAR STORE and CIBA Vision, a division of Novartis Company, Respondents.

Court of Appeals of South Carolina.

Decided July 15, 2009.

Rehearing Denied November 19, 2009.


Attorney(s) appearing for the Case

Robert L. Widener, Celeste T. Jones, A. Victor Rawl, Jr., and Andrew G. Melling, all of Columbia, for Appellant.

Curtis L. Ott and Daniel T. Sullivan, both of Columbia and Keith D. Munson and Sandi R. Wilson, both of Greenville, for Respondents.


CURETON, A.J.

Monica Weston appeals the circuit court's grant of summary judgment and dismissal of Counts II, V, and VI of her tort action against CIBA Vision (CIBA). On appeal, she argues the circuit court erred in granting summary judgment because (1) the circuit court lacked jurisdiction to determine whether the contact lenses at issue were federally regulated medical devices, (2) a genuine issue of material fact existed, and (3) there was neither a showing nor...

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