Legal Opinion

Allen v. Long Mfg. NC, Inc.

Court of Appeals of South Carolina

Decided August 10, 1998No. 2878PublishedCited by 16 opinions

1Opinion of the Court

HOWARD, Judge:

The personal representative of Otis Allen, Sr. (Allen) brought this products liability action against Long Manufacturing (Long) under the theories of strict liability and negligence. In deciding Long’s motion for summary judgment, the trial judge found for Long as a matter of law on all of Allen’s causes of action. Allen appeals. We reverse and remand.

FACTS

The facts surrounding Allen’s death are not in dispute. Allen was using a portable grain auger that did not belong to him to load grain onto a grain drill. A grain auger is a metal chute which conveys grain from its lower end…

Also in this document: Concurrence.

2Cases cited40 opinions

  1. Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
  2. Freund v. Cellofilm Properties, Inc.Supreme Court of New Jersey · 1981
  3. Palmer v. Avco Distributing Corp.Illinois Supreme Court · 1980
  4. Bryant v. Technical Research Co.Court of Appeals for the Ninth Circuit · 1981
  5. Germann v. F.L. Smithe MacHine Co.Supreme Court of Minnesota · 1986

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3Cited by16 opinions

  1. Oglesby v. General Motors Corp.Court of Appeals for the Fourth Circuit · 1999
  2. In re Accutane Litig.Supreme Court of New Jersey · 2018
  3. Rife v. Hitachi Const. MacHinery Co., Ltd.Court of Appeals of South Carolina · 2005
  4. Deborah Hickerson v. Yamaha Motor Corporation, U.S.A.Court of Appeals for the Fourth Circuit · 2018
  5. Curcio Ex Rel. Estate of Turner v. Caterpillar, Inc.Supreme Court of South Carolina · 2003

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