Graves v. Cas Medical Systems, Inc.
401 S.C. 63
S.C.2012Background
- CAS monitor logged events and alarm activity; independent microphone records alarm status and triggers backup alarm with lights as a fail-safe.
- The Graves allege the monitor was defectively designed and failed to alarm India during apneic/bradycardia events, leading to SIDS death.
- Treating physician noted the monitor captured multiple events and alarms per the log, undermining the alleged nonalarm claim.
- Cas moved to exclude Graves’ three computer experts and Doctor Wilkins; the circuit court barred the computer experts and excluded Wilkins, granting CAS summary judgment.
- On appeal, Graves argue circumstantial evidence could survive without expert testimony; CAS maintains lack of design defect proof requires summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of expert opinions on software defect | Graves contend experts should be admissible to show design defect | CAS argues experts unreliable and should be excluded | Court affirmed exclusion of Daugherity/Lively/Painter; Wilkins exception acknowledged but not outcome-determinative |
| Sufficiency of circumstantial evidence without experts | Circumstantial proof can support design defect without experts | Without expert testimony no design defect shown | Court held circumstantial evidence insufficient; expert testimony required for design defect; CAS entitled to summary judgment |
Key Cases Cited
- State v. Council, 335 S.C. 1 (1999) (reliability factors for scientific testimony)
- Watson v. Ford Motor Co., 389 S.C. 434 (2010) (Rule 702 reliability and admissibility of expert testimony)
- White v. State, 382 S.C. 265 (2009) (admissibility of expert testimony; Rule 702 standards)
- St. Paul Fire & Marine Ins. Co. v. American Ins. Co., 251 S.C. 56 (1968) (circumstantial evidence admissibility and weight)
- Branham v. Ford Motor Co., 390 S.C. 203 (2010) (design defect proof and circumstantial evidence requirements)
- Sunvillas Homeowners Ass’n v. Square D Co., 301 S.C. 330 (1990) (circumstantial evidence cannot prove defect absent expert proof)