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COCKRELL v. HILLERICH & BRADSBY CO.

611 S.E.2d 505 (S.C. 2005)

Case Brief

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• PURPOSE: Cockrell concerns whether the court has personal jurisdiction over two of the named defendants under the long arm statutes.

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• CAUSE OF ACTION: Cockrell is a personal injury action in which an injured baseball player seeks to hold the bat manufacturer, a baseball research center, and the research center director liable for his injuries.

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• FACTS: Cockrell, a thirteen-year-old baseball player, was hit in the head by a ball that had been hit using an aluminum bat manufactured by Hillerich & Bradsby. Cockrell sued Hillerich, as well as the UMass at Lowell Baseball Research Center and James Sherwood. The Center and Sherwood had certified the bat in compliance with NCAA regulations.

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• ISSUE: Did the circuit court err in granting the defendants’ (Research Center and Sherwood) motion to dismiss for lack of personal jurisdiction?

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• HOLDING: No. The defendants did not have the minimum contacts with South Carolina necessary to comply with the due process requirements.

• REASONING: The test for determining personal jurisdiction for nonresidents are as follows:

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

COCKRELL v. HILLERICH

• the duration of the activity of the nonresident within the state

• the character and circumstances of the commission of the nonresident’s acts

• the inconvenience resulting to the parties by conferring or refusing to confer jurisdiction over the nonresident

• the State’s interest in exercising jurisdiction.