Midwest Goods Inc., a vape wholesaler, is asking the North Carolina Supreme Court to pause payment of a $1.6 million judgment awarded to the estate of Weldon Moore, who suffered severe burns when a lithium-ion battery exploded in his pocket. The estate, in turn, has filed a response opposing the requested delay.
In its petition, Midwest Goods argued that neither the trial court nor the appeals court had proper grounds to deny motions for a judgment notwithstanding the verdict or a new trial. The company claims Moore did not present evidence that it directly sold the defective battery that caused his injuries.
The company also raised concerns about trial procedure, arguing that liability and damages should have been handled in separate phases, and that the courts wrongly dismissed its “sealed-container defense,” as the batteries were sold in prepackaged boxes that Midwest claimed it had no duty to inspect.
According to court records, Moore purchased a green battery from Darth Vapor, operated by Richmen Enterprises LLC. On April 12, 2019, the battery exploded in Moore’s pocket, causing third-degree burns to his leg. Moore’s estate argued that Midwest supplied the battery to Richmen, and a jury sided with Moore, awarding $1.6 million. With interest, that sum has risen to more than $1.7 million.
The estate contends that the stay request should be denied because the security Midwest posted during its appeal does not cover the current judgment, leaving a shortfall of $221,485. The estate requested that the Supreme Court either deny the stay or require Midwest to post an additional $337,799.84, covering the shortfall plus one year of interest.
Representatives for both parties did not immediately comment. Midwest Goods is represented by M. Duane Jones and Elizabeth H. Bennett of Hedrick Gardner Kincheloe & Garofalo LLP, while Moore’s estate is represented by E. Stewart Poisson, F. Davis Poisson III of Poisson Poisson & Bower PLLC, and Grace Babcock of Richardson Thomas LLC.
The case is Moore v. Richmen Enterprises LLC et al., case number 52P26, in the North Carolina Supreme Court.
