Legal Opinion

Bray v. Marathon Corp.

Court of Appeals of South Carolina

Decided September 10, 2001No. 3386PublishedCited by 10 opinions

1Opinion of the Court

HOWARD, J.:

Marilyn Bray brought this products liability action against Marathon Corporation (“Marathon”), the manufacturer of a trash compactor, and American Refuse Systems, Inc. (“ARS”), the lessor of the compactor, alleging claims of negligence, breach of warranty, and strict liability. 1 Bray seeks recovery as the user of the compactor for emotionally induced injuries she sustained as a result of witnessing the compactor crush her co-worker to death. Applying the negligence “bystander” requirements adopted by our supreme court in Kinard v. Augusta Sash and Door Co., 286 S.C. 579, 336…

2Cases cited25 opinions

  1. Dillon v. LeggCalifornia Supreme Court · 1968
  2. Baughman v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1991
  3. Sloane v. Southern California Railway Co.California Supreme Court · 1896
  4. Paschal v. State Election CommissionSupreme Court of South Carolina · 1995
  5. Charleston County School District v. State Budget & Control BoardSupreme Court of South Carolina · 1993

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3Cited by10 opinions

  1. Glasscock, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals of South Carolina · 2001
  2. Hall v. FedorCourt of Appeals of South Carolina · 2002
  3. Trivelas v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2001
  4. Bray v. Marathon Corp.Supreme Court of South Carolina · 2003
  5. Boone v. Sunbelt Newspapers, Inc.Court of Appeals of South Carolina · 2001

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