Lawing v. Univar, USA, Inc.

I concur in part and respectfully dissent in part. I join the majority in its construction of the term “user” for purposes of section 15-73-10 of the South Carolina Code (2005). I dissent with respect to the “sophisticated user” doctrine and would adopt what I believe to be the excellent analysis of the court of appeals concerning the doctrine and its application to this case.

I offer two additional comments. First, I do not agree with the majority “that prior to the court of appeals’ opinion in this case, neither this Court, nor the court of appeals, had explicitly adopted the [sophisticated…