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Moore v. Elite Metal Performance, LLC

2017 WL 5642349 (2017)

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Moore v. Elite Metal Performance, LLC

United States District Court for the District of South Carolina
2017 WL 5642349 (2017)

Facts

On June 9, 2015, D’Jaris Moore (plaintiff) was driving in Jasper County, South Carolina, when he suffered an automobile accident after a tow dolly on another vehicle—a tow truck being driven by Robert Murphy—detached and struck his own vehicle. Murphy was a Florida resident, and the dealer who bought the tow dolly and sold it to Murphy operated only in Florida. Moore brought suit against three parties, including Elite Metal Performance, LLC (Elite) (defendant) as the manufacturer of the tow dolly. Elite’s sole business location was in North Carolina, and Elite designed, built, and sold the tow dolly in North Carolina. Among other things, Moore alleged a breach-of-warranty claim. Moore settled with two of the parties, but Elite moved for summary judgment. Although the parties agreed that the Uniform Commercial Code (UCC) applied to their case, they disagreed about which state’s version of the UCC applied. Moore insisted that South Carolina’s version applied, but Elite insisted that either North Carolina’s or Florida’s version—both of which were identical for purposes of this case—applied. Elite moved for summary judgment on the breach-of-warranty claim.

Rule of Law

Issue

Holding and Reasoning (Gergel, J.)

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