Monday, September 13, 2010

SC Supreme Court Issues Substitute Opinion in Watson v. Ford

Today, the South Carolina Supreme Court issued a substitute opinion in the Watson v. Ford Motor Co. case. The re-filed opinion can be found here (first opinion) and here.

I previously briefed this case at this post, so I plan to update it once I have had a chance to digest this re-filed opinion. The re-filed opinion appears to deal with the same issues that were in the first opinion (admission of testimony of two experts and admission of prior incidents). However, it also deals with Ford's motion for judgment notwithstanding the verdict and holds that the trial court erred in denying Ford's motion.

Be sure to check out footnote 4 where the court talks about its recent adoption of the Restatement (Third) approach to design defect cases. Informative footnote? Or more playing footsy with adopting the Restatement (Third) of Products Liability? You decide.

Check back for further analysis of this re-filed opinion.

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