The court addresses the evidentiary issues. Defendant Harbor Chevrolet Corporation's evidentiary objections to the Declaration of Benjamin Sadowski are overruled.
The court then rules as follows. Defendant Harbor Chevrolet Corporation's motion for summary judgment is denied. Harbor's alternate motion for summary adjudication is granted as to the Strict Liability – Manufacturing Defect, Strict Liability – Design Defect and Strict Liability – Failure to Warn, Product Liability – Express Warranty and Product Liability – Implied Warranty of Merchantability causes of action and denied as to the Product Liability – Negligence and Negligence/Negligent Repair causes of action.
Strict Liability – Manufacturing Defect
Strict Liability – Design Defect
Strict Liability – Failure to Warn
It is undisputed that Plaintiff purchased a used 2011 Volvo C30 from Harbor [SSUMF 1]. Harbor relies on authority holding that sellers of used goods are not strictly liable in tort. Peterson v. Superior Court
Hearing Date
July 18, 2019
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
The court addresses the evidentiary issues. Defendant Harbor Chevrolet Corporation's evidentiary objections to the Declaration of Benjamin Sadowski are overruled.
The court then rules as follows. Defendant Harbor Chevrolet Corporation's motion for summary judgment is denied. Harbor's alternate motion for summary adjudication is granted as to the Strict Liability – Manufacturing Defect, Strict Liability – Design Defect and Strict Liability – Failure to Warn, Product Liability – Express Warranty and Product Liability – Implied Warranty of Merchantability causes of action and denied as to the Product Liability – Negligence and Negligence/Negligent Repair causes of action.
Strict Liability – Manufacturing Defect
Strict Liability – Design Defect
Strict Liability – Failure to Warn
It is undisputed that Plaintiff purchased a used 2011 Volvo C30 from Harbor [SSUMF 1]. Harbor relies on authority holding that sellers of used goods are not strictly liable in tort. Peterson v. Superior Court