Hinton v. Sportsman’s Guide, Inc.
Mississippi Supreme Court
285 So. 3d 142 (2019)
- Written by Tiffany Hester, JD
Facts
In 2009, Sportsman’s Guide (Sportsman’s) (defendant) sold Timothy Hinton a 2009 model of a tree stand and harness manufactured by C&S Global Imports (C&S). In 2012, Timothy was hunting in the tree stand while tethered to a tree with a harness. The tree broke, and Timothy fell to his death. Timothy’s parents, Marsha and Thomas Hinton (plaintiffs), sued Sportsman’s for strict products liability because C&S was judgment-proof. The evidence established that the 2004 and 2005 harness models failed safety tests and were recalled in 2007. Sportsman’s received notice of the recalls and notified its customers. However, the 2009 harness passed safety tests before Timothy bought the harness and had not been recalled at any time. Sportsman’s moved for summary judgment, arguing that the company was immune from liability under Mississippi’s innocent-seller statute. The Hintons argued that Sportsman’s was not innocent because Sportsman’s sold a harness made by a manufacturer that was disreputable due to the previous recalls. Alternatively, the Hintons argued that Sportsman’s was not innocent because the previous recalls gave Sportsman’s actual or constructive knowledge of the 2009 harness’s alleged defect. The trial court granted summary judgment for Sportsman’s. The Hintons appealed.
Rule of Law
Issue
Holding and Reasoning (Maxwell, J.)
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