The Motion for Summary Judgment and Adjudication is DENIED.
Summary Judgment: A factual contest that needs to be resolved by the trier of fact exists. Although it is not clear that Best Buys’ witness Barnes is an expert, even assuming so, Fiskar’s expert, Marks, has raised triable issues of fact. See Marks Depo, 50:16-51:14.
S/A Products Liability: Best Buy has not submitted any evidence establishing that the power strip was not purchased at Best Buy at another time. In contrast, Fiskars produced additional excerpts from Mr. Harvey’s deposition showing that he purchased the subject power strip from the Best Buy’s employees when they came to his home to install the television. (Fiskars’ Ex. C, A. Harvey Depo, 28:16-29:12.) This testimony creates a triable issue as to whether Best Buy sold the power strip. As the putative seller, the strict liability cause of action applies to Best Buy.
S/A Causation: This denial is based on the same rationale as the MSJ. S/A Negligent Installation: T
Hearing Date
December 13, 2018
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The Motion for Summary Judgment and Adjudication is DENIED.
Summary Judgment: A factual contest that needs to be resolved by the trier of fact exists. Although it is not clear that Best Buys’ witness Barnes is an expert, even assuming so, Fiskar’s expert, Marks, has raised triable issues of fact. See Marks Depo, 50:16-51:14.
S/A Products Liability: Best Buy has not submitted any evidence establishing that the power strip was not purchased at Best Buy at another time. In contrast, Fiskars produced additional excerpts from Mr. Harvey’s deposition showing that he purchased the subject power strip from the Best Buy’s employees when they came to his home to install the television. (Fiskars’ Ex. C, A. Harvey Depo, 28:16-29:12.) This testimony creates a triable issue as to whether Best Buy sold the power strip. As the putative seller, the strict liability cause of action applies to Best Buy.
S/A Causation: This denial is based on the same rationale as the MSJ. S/A Negligent Installation: T