Hazard v burbank Auto parts

Motion TO SEVER CROSS-COMPLAINT

Calendar: 3

Case No.: BC629772

Hearing Date: 1/4/19

Action Filed: 8/5/16

Trial Date: Not set

MP:

Plaintiff Michael Hazard

RP:

None

ALLEGATIONS:

In this action, Plaintiff Michael Hazard alleges that he was injured when an ATP Z295 replacement flywheel that was installed onto a 1996 Chevrolet Chevelle V8-396 engine suddenly and unexpectedly shattered and disintegrated. Plaintiff alleges that the flywheel was designed and manufactured by Defendant ATP, Inc. (“ATP”) and that the flywheel was sold by Defendant Burbank Auto Parts, Inc.

The complaint, filed August 5, 2016, alleges causes of action for: (1) strict products liability – manufacturing and design defect; (2) negligence; (3) strict products liability – failure to warn; (4) breach of implied warranty of merchantability; (5) fraudulent concealment; and (6) claim for punitive damages.

On September 8, 2017, Defendant/Cross-Complainant North Hollywood Auto Parts,