Blanche C. Young v. Tide Craft, Inc., Dan Bell D/b/a Bell’s…

Summary

The Supreme Court of South Carolina reversed a jury verdict of $200,000 (including $10,000 punitive damages) against boat manufacturer Tide Craft in wrongful death and survival actions arising from Novel Young's drowning after his boat spun out of control. The court held, as a matter of law, that the dealer-repairman's admittedly dangerous splicing of the steering cable was an unforeseeable intervening act that was the sole proximate cause of the steering loss, and that the plaintiff failed to establish proximate cause for the alleged ejection-propensity defects because her expert's causation opinion lacked an underlying factual basis. The court further held that the absence of a kill switch was not a defect, breach of warranty, or negligence. Justice Ness dissented, believing proximate cause was a jury issue and that the expert testimony was competent.