Benjamin Cruz v. Great Northern Equipment Distributing, Inc., et al.

Case No.: 16CV297872    

I. Background

Plaintiff Benjamin Cruz (“Cruz”) commenced this action to recover damages for a workplace injury. Cruz worked as a landscaper for defendant Victor Medina (“Medina”) (doing business as Medina’s Tree Service) and was seriously injured when his shirt caught in the cutting wheel of a Dosko-brand stump grinder made by defendant Northern Tool & Equipment Company, Inc. (“Northern Tool”).

Cruz asserts causes of action for premises liability and negligence against Medina and the property owners for whom he provided landscaping services. Additionally, and as relevant here, Cruz asserts a products liability claim against Northern Tool. Cruz’s third cause of action for products liability consists of three separately identified counts for strict products liability, negligence, and breach of warranty.

Northern Tool moves for summary judgment or summary adjudication on the ground Cruz’s products liability claim lacks merit.