Romero v Disney Facilities and Support

MOTION FOR SUMMARY JUDGMENT

Calendar: 2

Case: BC621826

Date: 11/17/17

MP: Defendant, Otis Elevator Co.

RP: Plaintiff, Rosario Romero

SUMMARY OF COMPLAINT:

The Plaintiff suffered personal injuries when the elevator she was in suddenly and abruptly dropped.

CAUSES OF ACTION IN COMPLAINT:

1) Negligence

2) Products Liability - Strict Liability

3) Products Liability - Negligence

RELIEF REQUESTED:

Summary Judgment of the Complaint

DISCUSSION:

This hearing concerns the motion of Defendant, Otis Elevator Co. for summary judgment. Under CCP section 437c, the Defendant has the burden of offering facts that demonstrate that the Plaintiff cannot establish an essential element of her causes of action. The Defendant argues that the Plaintiff cannot establish that it had a duty of care with regards to the elevator because it did not maintain the elevator and that the Plaintiff cannot establish that it had any product liability because it did not