Congratulations to partner Matt Rusch regarding a recent Nebraska Supreme Court victory, Griffith v. LG Chem et al. The Court affirmed the Lancaster County District Court’s grant of summary judgment in favor of Erickson Sederstrom clients. The case involved a conflict of law issues between Nebraska and Pennsylvania regarding the application of the states’ conflicting statutes of limitation.

Background:

The case centered around John Griffith's injuries sustained while replacing electronic cigarette batteries at his home in Pennsylvania. He had purchased the batteries at a truck stop in Nebraska. LG Chem and LGCAI were alleged to be the manufacturers of the batteries. The Griffiths filed suit against LG Chem, LGCAI, Shoemaker’s, and E-Titan, alleging negligence, product liability, breach of warranty, and loss of consortium. E|S represented Shoemaker’s and E-Titan, while LG Chem and LGCAI were represented by other counsel. Key issues included conflicting statutes of limitations from Pennsylvania and Nebraska and a challenge to personal jurisdiction over LGCAI. The case was filed in Nebraska more than 2 years after Mr. Griffith received his injuries. Shoemaker’s and E-Titan sought summary judgment, contending that Griffith’s claims were time-barred under Pennsylvania's 2-year limitation period. The Griffiths argued that Nebraska’s 4-year statute of limitations applied. The district court determined that an actual conflict existed between the two states' laws and that the 2-year Pennsylvania statute of limitations applied, resulting in dismissal of all claims against Shoemaker’s and E-Titan. The district court also dismissed LG Chem and LGCAI from the case, citing a lack of personal jurisdiction.

The Griffiths appealed, challenging the summary judgment in favor of Shoemaker’s and E-Titan and the dismissal of LG Chem and LGCAI. The assignments of error focused on applying the Pennsylvania statute of limitations and the court's lack of personal jurisdiction over LGCAI.

Analysis and Conclusion:

The Nebraska Supreme Court affirmed the district court’s grant of summary judgment for Shoemaker’s and E-Titan and dismissal of the other defendants.

The appellate court concurred with the district court's findings, emphasizing that Griffith’s negligence claims were based on Pennsylvania law, justifying application of its statute of limitations. The court also upheld the dismissal of LGCAI, stating that the Griffith failed to establish sufficient contact between LGCAI and Nebraska.

Griffith v. LG Chem, 315 Neb. 892