JANET O MAUSNER VS TELEBRANDS CORP ET AL

[TENTATIVE] ORDER RE: DEEFENDANT TELEBRANDS CORP.’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

On June 29, 2018, plaintiff Janet O. Mausner filed this action against defendants Telebrands Corp. (“Defendant”), Bulbhead, Bulbhead.com, LLC, and Polar Pooch for negligence and products liability. In May 2016, Plaintiff purchased a Polar Pooch, a self-cooling mat for dogs. On July 2, 2016, she slipped on the mat and sustained injuries. Plaintiff filed a first amended complaint on December 13, 2018. Defendant moves for summary judgment or, in the alternative, summary adjudication.

II. FACTUAL BACKGROUND

Telebrands purchases the mats from a distributor who brands, packs and ships the product to the United States. (UMF No. 2.) A paper insert containing instructions and warnings for use of the Polar Pooch accompanies the product and is enclosed inside its package. (UMF No. 9.) The warnings state that pets should not consume the gel a........