Simmons v. Mark Lift Industries, Inc.

Justice WALLER:

We granted certification from the United States District Court of South Carolina pursuant to Rule 228, SCACR, to address the following three questions:

1. May a plaintiff maintain a product liability claim in South Carolina under a successor liability theory against a defendant which purchased only assets of a voluntarily bankrupt selling company in an arms-length and court-approved bankruptcy sale and the purchasing company did not approve of, participate in, cause, or contribute to the selling company’s bankruptcy?

*3102. In the product liability context in South Carolina, what test…