741 S.E.2d 34
S.C. Ct. App.2013Background
- Nissan appealed a circuit court denial of JNOV after Miranda failed to prove a feasible alternative design under Branham.
- Jury awarded Miranda $2,375,000; verdict was later set aside pending Branham's ruling on feasible alternatives.
- Trial evidence included two expert alternative-design theories; Nissan challenged them as untested ideas.
- The circuit court initially declined to charge on feasible alternatives and submitted seven interrogatories, including one post-verdict on feasibility.
- After Branham (2010) held risk-utility with feasible-alternative design is the exclusive test, the circuit court granted Nissan a new trial, applying Branham retroactively.
- Both sides appealed; key questions were retroactivity, the validity of the post-verdict interrogatory, and the new-trial ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Branham | Branham should apply prospectively only. | Branham applies retroactively to pending cases. | Branham applies retroactively. |
| JNOV on feasible-alternative requirement | JNOV warranted because Branham-aligned element was not required at trial. | Post-verdict finding binds liability when feasible design is required. | JNOV not warranted; post-verdict finding not dispositive. |
| Post-verdict interrogatory validity | Interrogatory appropriately determined liability post-verdict. | Post-verdict, non-binding advisory interrogatory improper and not dispositive. | Interrogatory invalid as dispositive; procedure improper. |
| New trial grant | New trial improper since Branham applied retroactively; verdict could stand. | New trial proper to align with Branham's design-defect standard. | New trial proper. |
Key Cases Cited
- Branham v. Ford Motor Co., 390 S.C. 203 (2010) (risk-utility with feasible alternative design is exclusive test for design defects)
- Erickson v. Jones St. Publishers, LLC, 368 S.C. 444 (2006) (advisory interrogatories improper; no dispositive effect)
- Carolina Chloride, Inc. v. S.C. Dep’t of Transp., 391 S.C. 429 (2011) (retroactivity of judicial decisions when no new right is created)
- Buff v. S.C. Dep’t of Transp., 342 S.C. 416 (2000) (juries follow trial judge instructions; limitations on dispositive effect of interrogatories)
- Claytor v. Gen. Motors Corp., 277 S.C. 259 (1982) (adoption of risk-utility framework for design defects)
- Osborne v. Adams, 346 S.C. 4 (2001) (professional relationships/ duties; retroactivity considerations in context)