Day on Torts
The South Carolina Supreme Court has ruled that the economic loss rule precludes a truck owner’s tort claims against the truck manufacturer. The case is Sapp & Smith v. Ford Motor Company, Opinion 26754 (S.C. December 21, 2009).
Sapp filed suit against Ford alleging property damage to his vehicle (there was no personal injury or damage to other property) as a result of a fire Sapp claimed was caused by a design defect in the cruise control switch, which he said would short circuit and cause a fire in the engine compartment.
As explained by the Court,