HEARING ON MOTION FOR SUMMARY JUDGMENT
FILED BY GATEKEEPER SYSTEMS, INC.
* TENTATIVE RULING: *
Defendant Gatekeeper Systems, Inc.’s Motion for Summary Judgment is denied. Defendant’s Motion for Summary Adjudication is granted in part as to Issue No. 2. The motion of summary adjudication is granted as to the Sixth Cause of Action for Breach of Express and Implied Warranty. Otherwise, summary adjudication of Issue No. 2 is denied. Motion for summary adjudication of Issue No. 3 (Fourth Cause of Action for Loss of Consortium) is denied.
Background
On or about January 3 or 6, 2014, Plaintiff Bruce Lohmann entered Safeway Store #1215, located at 660 Bailey Road in Pittsburg. Plaintiff was pushing a shopping cart when the Gatekeeper wheel on his shopping cart suddenly locked, causing the cart to cease movement abruptly. Plaintiffs’ left thumb and shoulder were injured as Plaintiff’s entire body weight was pushed against the cart. Plaintiff’s injuries required surgery and Plaintiff allege
Hearing Date
December 02, 2020
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HEARING ON MOTION FOR SUMMARY JUDGMENT
FILED BY GATEKEEPER SYSTEMS, INC.
* TENTATIVE RULING: *
Defendant Gatekeeper Systems, Inc.’s Motion for Summary Judgment is denied. Defendant’s Motion for Summary Adjudication is granted in part as to Issue No. 2. The motion of summary adjudication is granted as to the Sixth Cause of Action for Breach of Express and Implied Warranty. Otherwise, summary adjudication of Issue No. 2 is denied. Motion for summary adjudication of Issue No. 3 (Fourth Cause of Action for Loss of Consortium) is denied.
Background
On or about January 3 or 6, 2014, Plaintiff Bruce Lohmann entered Safeway Store #1215, located at 660 Bailey Road in Pittsburg. Plaintiff was pushing a shopping cart when the Gatekeeper wheel on his shopping cart suddenly locked, causing the cart to cease movement abruptly. Plaintiffs’ left thumb and shoulder were injured as Plaintiff’s entire body weight was pushed against the cart. Plaintiff’s injuries required surgery and Plaintiff allege