Donze v. General Motors, LLC

800 S.E.2d 479 (2017)

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Nature of the Case

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Facts

Donze (P) and Brazell, were driving around in P's 1987 Chevrolet pickup truck. Brazell and P had been smoking synthetic marijuana earlier that morning. While Brazell was driving, they came to an intersection controlled by a stop sign. Brazell failed to stop and pulled directly in front of a Ford F-350 truck towing a horse trailer. The Ford struck P's truck on the driver's side, and the truck burst into flames. Brazell died and P suffered severe burns to eighty percent of his body. P sued GM (D), alleging a defect in the truck's design-specifically, the placement of the gas tank outside of the truck's frame-caused the fire. D filed a motion for summary judgment arguing P should be barred from recovery pursuant to South Carolina's public policy against driving while impaired. In the alternative, D asserted comparative negligence should apply to limit P's recovery. Judge Cain denied D's motion and certified two questions to this Court.