Legal Opinion

Talkington Ex Rel. Moore v. Atria Reclamelucifers Fabrieken BV

Court of Appeals for the Fourth Circuit

Decided July 21, 1998No. 97-1386PublishedCited by 1 opinion

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

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
  5. Duke v. Uniroyal Inc.Court of Appeals for the Fourth Circuit · 1991

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3Cited by1 opinion

  1. Talkington v. Atria Reclamelucifers Fabrieken BVCourt of Appeals for the Fourth Circuit · 1998

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