Moore v. Richmen Enters., LLC

CourtCourt of Appeals of North Carolina
DecidedJanuary 7, 2026
Docket24-509
StatusUnpublished
AuthorJudge Michael Stading

This text of Moore v. Richmen Enters., LLC (Moore v. Richmen Enters., LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Richmen Enters., LLC, (N.C. Ct. App. 2026).

Opinion

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA24-509

Filed 7 January 2026

New Hanover County, No. 20CVS002997-640

WELDON MOORE, Plaintiff,

v.

RICHMEN ENTERPRISES, LLC d/b/a DARTH VAPOR; JOYETECH USA, INC.; and MIDWEST GOODS, INC., Defendants.

Appeal by Defendant Midwest Goods, Inc. from judgment entered 19 April

2023 and orders entered 27 July 2023 and 15 March 2023 by Judge G. Frank Jones

in New Hanover County Superior Court. Heard in the Court of Appeals 30 January

2025.

Poisson, Poisson, & Bower, PLLC, by Attorneys Frederick Davis Poisson III and E. Stewart Poisson, for the plaintiff-appellee.

Richardson Thomas, LLC, by Attorney Grace Babcock, for the plaintiff- appellee.

Hedrick, Gardner, Kincheloe & Garofalo, LLP, by Attorneys M. Duane Jones and Elizabeth H. Bennett, for the defendant-appellant Midwest Goods, Inc.

Bowman & Brooke LLP, by Attorney Trevor W. Carolan, pro hac vice, for the defendant-appellant Midwest Goods, Inc.

STADING, Judge.

Midwest Goods, Inc. (“Midwest”) appeals from final judgment entered upon a MOORE V. RICHMEN ENTERS., LLC

Opinion of the Court

jury verdict finding it jointly and severally liable to Weldon Moore (“Plaintiff”) for the

injuries he sustained when a lithium-ion battery exploded in his pants pocket.

Midwest also appeals from the trial court’s orders that denied its Rule 59 motion for

a new trial, Rule 50 motion for judgment notwithstanding the verdict, and Rule 42

motion to bifurcate. See N.C. Gen. Stat. §§ 1A-1, Rules 42, 50, 59 (2023). On appeal,

Midwest asserts the trial court erroneously denied its motion to bifurcate, its directed

verdict motions, and its motion for judgment notwithstanding the verdict for several

reasons. After careful consideration, we affirm.

I. Factual and Procedural Background

This case deals with the liability of a wholesale supplier of vaping products

after a consumer sustained injuries from one of its products that entered the stream

of commerce. The record tends to show that Midwest, a wholesaler, supplied

rechargeable 18650 lithium-ion batteries to a retailer of vaping products in

Wilmington—Richmen Enterprises, LLC d/b/a Darth Vapor (“Darth Vapor”). Darth

Vapor sold one of those batteries to Plaintiff, who used it in his Joyetech electronic

cigarette for the purposes of vaping. While on a job site one morning, Plaintiff alleged

the battery exploded in his pants pocket, causing third-degree burns to his legs. As

a result, Plaintiff filed a complaint1 against Midwest, Darth Vapor, and Joyetech

1 Plaintiff’s complaint also asserted causes of action against Ex MV, LLC; MadVapes Franchising,

LLC; and AMV Holdings, LLC. However, “Plaintiff previously settled with” these parties.

-2- MOORE V. RICHMEN ENTERS., LLC

USA, Inc.2 (collectively, “Defendants”) grounded in negligence and product liability.

Plaintiff also asserted that Darth Vapor breached the implied warranties of

merchantability and fitness for a particular purpose.

At the outset, Defendants moved the trial court to bifurcate the liability and

damages phases of the trial pursuant to N.C. Gen. Stat. § 1A-1, Rule 42(b)(3) (2023).

Midwest argued it was entitled to have separate trials on those issues and to exclude

evidence of compensatory damages. The trial court denied the motion, reasoning that

Midwest had “not stipulated that plaintiff was injured as a direct and proximate

result of defendant’s alleged negligence.” The trial court further reasoned that: “a

single proceeding promotes judicial economy and efficiency by eliminating duplicative

witnesses, and redundant procedures”; bifurcation would cause “increased scheduling

burdens . . . as well as the likelihood of increased expense to taxpayers”; bifurcation

was unnecessary since there were no cross-claims or counterclaims; bifurcation could

confuse the jury and prejudice Plaintiff; bifurcation would cause difficulties with

respect to jury selection; bifurcation was unnecessary since “the issues of liability and

damages [were] sufficiently interwoven”; and bifurcation was unnecessary since

Plaintiff solely sought “non-economic damages.”

Plaintiff’s jury trial commenced on 13 March 2023, in which he testified to

having purchased a green 18650 rechargeable lithium-ion battery from Darth Vapor

2 Neither Darth Vapor nor Joyetech USA, Inc. appealed from the trial court’s judgment or orders.

-3- MOORE V. RICHMEN ENTERS., LLC

on 5 February 2019. Plaintiff recalled that upon entering Darth Vapor, he showed a

salesperson his electronic cigarette and requested a replacement battery. The

salesperson returned with an unpackaged battery, which Plaintiff purchased.

Plaintiff testified that the battery was green and did not indicate a specific

manufacturer’s name. Plaintiff added that based on this interaction with the

salesperson, he believed the battery would be compatible with his device. Several

months before purchasing this battery from Darth Vapor, Plaintiff testified to

purchasing a green Samsung 18650 lithium-ion battery from MadVapes—another

retailer of vaping products in Wilmington. The receipt for the battery from MadVapes

confirmed it was a Samsung battery purchased on 20 October 2018.

On 12 April 2019, Plaintiff was working as an electrician’s assistant on a job

site. Plaintiff testified that while walking towards his toolbox, his electronic cigarette

and accompanying battery exploded in his cargo pants pocket, causing his leg to catch

fire. At the time of the explosion, Plaintiff had two batteries on his person—the green

battery from Darth Vapor and a brown “backup battery.” Plaintiff, however, noted

that he “kept the green battery in the device,” and that “the brown battery was [his]

backup battery to where, if [he is] on the job, and [he] can’t charge [the green battery],

[he] can always go and grab that battery.” Plaintiff testified that he was certain the

unlabeled green battery he purchased from Darth Vapor was in the electronic

cigarette at the time it exploded rather than the brown battery or the green Samsung

battery:

-4- MOORE V. RICHMEN ENTERS., LLC

Q. Okay. Now, you’ve testified for this jury that the green battery that blew up on you in April of 2019 you purchased from Darth Vapor?

A. Yes.

....

A. Because it was . . . a new battery. And it was closest to the time of the explosion, the green battery. And then, also, we found out that . . . the battery that exploded wasn’t a . . . Samsung. It was another kind. So the battery I bought from MadVapes . . . was a Samsung. But from the test results, it said the battery wasn’t a Samsung, the green battery that exploded.

David Rondinone testified as an expert witness in mechanical engineering at

trial. Mr. Rondinone opined that 18650 lithium-ion batteries are not safe for use in

vaping devices because the battery is “physically and electrically unprotected.” Mr.

Rondinone reasoned that using an 18650 lithium-ion battery in a vaping device can

cause “thermal runaway,” and that these types of batteries are ordinarily used for

devices that use “battery packs” such as power tools:

A.

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Moore v. Richmen Enters., LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-richmen-enters-llc-ncctapp-2026.