Talkington Ex Rel. Moore v. Atria Reclamelucifers Fabrieken BV
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge FRIEDMAN joined.
OPINION
WILLIAMS, Circuit Judge:
In this diversity action, we follow the South Carolina appellate courts’ consistent holdings that the doctrines of strict liability and negligence are distinct theories of recovery in a products liability case, and that the denial of liability under one of these doctrines does not automatically preclude the imposition of liability under the other. Therefore, we affirm the district court as to all issues of liability.
I
This appeal arises out of…
2Cases cited29 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Duke v. Uniroyal Inc.Court of Appeals for the Fourth Circuit · 1991
24 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Talkington v. Atria Reclamelucifers Fabrieken BVCourt of Appeals for the Fourth Circuit · 1998