DeWitt v. Eveready Battery Co., Inc. (2002)

See DeWitt v. Eveready Battery Co., 355 N.C. 672 , 565 S.E.2d 140, 147 (2002) (“To establish a breach of implied warranty of merchantability ... a plaintiff must prove ... that the goods did not comply with the warranty in that the goods were defective at the time of sale.”) (citation and internal quotation marks omitted); Harrington Mfg.

DeWitt v. Eveready Battery Co., 565 S.E.2d 140, 147 (N.C. 2002) (quoting Morrison v. Sears, Roebuck & Co., 354 S.E.2d 495, 497 (N.C. 1987)).

In DeWitt , the Supreme Court of North Carolina held that a plaintiff claiming breach of implied warranty of merchantability may use circumstantial evidence to establish that the product at issue was defective at the time of sale. 355 N.C. at 689 , 565 S.E.2d at 151 (“[T]he burden ... may be met if the plaintiff produces adequate circumstantial evidence of a defect.”).

To make out a prima facie case for personal injury based upon a breach of the implied warranty of merchantability, a plaintiff must establish: (1) “that the goods bought and sold were subject to an implied warranty of merchantability”; (2) “that the goods did not comply with the warranty in that the goods were defective at the time of sale”; (3) “that his injury was due to the defective nature of the goods”; and (4) “that damages were suffered as a result.” DeWitt, 355 N.C. …

“The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681, 565 S.E.2d 140, 146 (2002) (citation omitted).

An issue is material if it is “supported by substantial evidence . . . and . . . the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action . . . .” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citations and quotation marks omitted).

DeWitt v. Eveready Battery Co., 355 N.C. 672, 683 , 565 S.E.2d 140, 147 (2002) (quotation marks and citation omitted).

DeWitt v. Eveready Battery Co., 355 N.C. 672, 683 , 565 S.E.2d 140, 147 (2002) (quotation marks and citation omitted).

DeWitt, 355 N.C. at 683 (quotation omitted). “[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.” N.C.

See DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (“‘Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’”); Whitaker, 144 N.C.

“The trial judge must consider all the presented evidence in a light most favorable to the nonmoving party, and all inferences of fact must be drawn against the movant and in favor of the nonmovant.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 682 , 565 S.E.2d 140, 146 (2002) (citations, brackets, and internal quotation marks omitted). -9- MYERS V.

“The party moving for summary judgment bears the burden of establishing . . . there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.is no, 681, 565 S.E.2d 140, 146 (2002) (citation omitted).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (cleaned up).

A genuine issue is one that is “supported by substantial evidence,” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002), and “[a]n issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action,” id. (alteration in original) (quoting Koontz v. City of Winston-Salem, 280 N.C. 513, 518 (1972)).

An issue is genuine if “it is supported by substantial evidence,” and an issue is material if “the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (citations omitted).

Evidence is substantial if it constitutes more than a scintilla of evidence and “a reasonable mind might accept [it] as adequate to support a conclusion[.]” DeWitt v. Eveready Battery Co., Inc., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation and internal marks omitted).

A genuine issue is an issue that is “supported by substantial evidence,” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002), and “[a]n issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action,” id. (alteration in original) (quoting Koontz v. City of Winston-Salem, 280 N.C. 513, 518 (1972)).

Additionally, when a plaintiff does not produce evidence of a specific defect, a product defect may be inferred from evidence the product was put to its ordinary use and the product malfunctioned.” DeWitt v. Eveready Battery Co., 565 S.E.2d 140, 147 (N.C. 2002) (citation omitted).

“The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

An issue is genuine if it is “supported by substantial evidence,” and “an issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (cleaned up).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (cleaned up). 47.

Br. 3, ECF No. 88 (“Plaintiffs hereby withdraw any affirmative claim for relief, sounding in breach of contract or otherwise, based on unpaid Plan contributions.”).) “supported by substantial evidence,” and “an issue is material if the facts alleged would constitute a legal defense, or would affect the result of the action, or if its resolution would prevent the party against whom it is resolved from prevailing in the action[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, …

VROOMBRANDS 2022-NCCOA-708 TYSON, J., dissenting ¶ 61 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

VROOMBRANDS 2022-NCCOA-708 TYSON, J., dissenting ¶ 61 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

VROOMBRANDS 2022-NCCOA-708 TYSON, J., dissenting ¶ 61 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

VROOMBRANDS 2022-NCCOA-708 TYSON, J., dissenting ¶ 61 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (cleaned up).

It should only be granted in cases where a court is confident that “no person shall be deprived of a trial on a genuine disputed factual issue.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 682 , 565 S.E.2d 140, 146 (2002) (citations omitted). “[T]he fundamental purpose of a summary judgment motion . . . is to allow a litigant to ‘test’ the extent to which the allegations in which a particular claim has been couched have adequate evidentiary support.” Prouse v. Bituminous C…

It should only be granted in cases where a court is confident that “no person shall be deprived of a trial on a genuine disputed factual issue.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 682 , 565 S.E.2d 140, 146 (2002) (citations omitted). “[T]he fundamental purpose of a summary judgment motion . . . is to allow a litigant to ‘test’ the extent to which the allegations in which a particular claim has been couched have adequate evidentiary support.” Prouse v. Bituminous C…

Initially, the moving party “bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002).

Initially, the moving party “bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002).

Similarly, for breach of implied warranty, a plaintiff must allege, inter alia, “that the goods did not comply with the warranty in that the goods were defective at the time of sale.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 683 (2002) (quotations omitted; emphasis added).

Finally, under North Carolina law, a plaintiff basing a products liability action on a breach of an implied warranty of merchantability must prove: “(1) that the goods bought and sold were subject to an, implied warranty of merchantability; (2) that the goods did not comply with the warranty in that the goods were defective at the time of sale; (3) that his injury was due to the defective nature of the goods; and (4) that damages were suffered as a result.” DeWitt v. Everead…

When reviewing the evidence at summary judgment: “[a]ll inferences of fact from the proofs offered at the hearing must be drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C. 331, 343 , 368 S.E.2d 849, 858 (1988) (citation omitted). ¶ 30 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, …

When reviewing the evidence at summary judgment: “[a]ll inferences of fact from the proofs offered at the hearing must be drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C. 331, 343 , 368 S.E.2d 849, 858 (1988) (citation omitted). ¶ 30 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, …

To establish a breach of this warranty, a plaintiff must plausibly allege: “(1) that the goods bought and sold were subject to an implied warranty of merchantability; (2) that the goods did not comply with the warranty in that the goods were defective at the time of sale; (3) that his injury was due to the defective nature of the 10 □ goods; and (4) that damages were suffered as a result.” Dewitt v. Everready Battery Co.,Inc.,355_ - N.C. 672, 683, 565 S.E.2d 140, 147 (2002) …

MACRAE 2021-NCCOA-588 Opinion of the Court drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C. 331, 343 , 368 S.E.2d 849, 858 (1988) (citation omitted). ¶ 14 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

MACRAE 2021-NCCOA-588 Opinion of the Court drawn against the movant and in favor of the party opposing the motion.” Boudreau v. Baughman, 322 N.C. 331, 343 , 368 S.E.2d 849, 858 (1988) (citation omitted). ¶ 14 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

App. 582, 585 , 720 S.E.2d 418, 420 (2011) (citations omitted). ¶ 22 “[A]ll inferences of fact must be drawn against the movant and in favor of the nonmovant.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 682 , 565 S.E.2d 140, 146 (2002) (citation omitted).

App. 582, 585 , 720 S.E.2d 418, 420 (2011) (citations omitted). ¶ 22 “[A]ll inferences of fact must be drawn against the movant and in favor of the nonmovant.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 682 , 565 S.E.2d 140, 146 (2002) (citation omitted).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (cleaned up).

Ct. App. 2012); DeWitt v. Eveready Battery Co., 565 S.E.2d 140, 147 (N.C. 2002) (same 5 elements).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (citations omitted).

“An issue is material if the facts alleged would . . . affect the result of the action.” Koontz v. City of Winston-Salem, 280 N.C. 513, 518 , 186 S.E.2d 897, 901 (1972). ¶ 18 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

“An issue is material if the facts alleged would . . . affect the result of the action.” Koontz v. City of Winston-Salem, 280 N.C. 513, 518 , 186 S.E.2d 897, 901 (1972). ¶ 18 “The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

DEERFIELD MOBILE HOME PARK, LLC 2021-NCCOA-213 Opinion of the Court that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

DEERFIELD MOBILE HOME PARK, LLC 2021-NCCOA-213 Opinion of the Court that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citation omitted).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 (2002) (citations and internal quotation marks omitted).

“Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and means more than a scintilla or a permissible inference[.]” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002) (citations and internal quotation marks omitted).

A “genuine issue” exists when “ ‘it is supported by substantial evidence,’ which is that amount of relevant evidence necessary to persuade a reasonable mind to accept a conclusion.” Id. (quoting DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (2002)).