Midwest Goods Inc. 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 in 2019. In court filings, the wholesaler argued that lower courts wrongly denied its requests for a new trial or judgment notwithstanding the verdict, claiming Moore failed to prove the company directly sold the defective battery. The company also contends liability and damages should have been tried separately and that its “sealed-container defense” should apply because the batteries were sold in prepackaged boxes.
According to court records, Moore purchased the battery from Darth Vapor, operated by Richmen Enterprises LLC, which Moore’s estate argued obtained the product from Midwest. A jury sided with the estate, awarding $1.6 million, which has risen to more than $1.7 million with interest. The estate has asked the court to deny the stay request, arguing Midwest’s appeal bond leaves a shortfall of more than $221,000 and requests the company post additional security to cover the gap and anticipated interest while the appeal proceeds.