Marcella Anderson (“Plaintiff”) filed this action on January 29, 2020, against Kenneth Goldberg, DMD (“Goldberg”), Coastal Oral Surgery & Dental Implant Center (“Coastal Oral”), and Keystone Dental (“Keystone”). The dispute concerns a defective dental implant. The complaint alleges causes of action for professional negligence and products liability. The latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral.
Currently on calendar is Goldberg and Coastal Oral’s demurrer to the second cause of action for products liability. Specifically, they argue the complaint (1) fails to include facts sufficient to state a cause of action for products liability; and (2) the second cause of action is redundant of the general negligence claim and therefore, fails to state a separate cause of action.1
The demurrer is filed on behalf of “KE