Hoff v. Medical Depot, Inc.

This is a products liability case with causes of action for: 1) strict liability (design and manufacturing defects); 2) negligence; 3) breach of warranty (express and implied); and 4) failure to warn, brought by plaintiff Beretta Hoff (“Plaintiff”) against defendants Medical Depot, Inc. (“MDI”) and Wal-Mart Stores, Inc. (“Walmart”) (together “Defendants”). The Complaint alleges that on July 26, 2015, approximately two months after Plaintiff’s purchase from Walmart of a Drive Medical Bathroom Safety Shower Tub Bench Chair With Back designed and manufactured by MDI (“Subject Chair”), the Subject Chair “suddenly became unstable and loose” due to defects, causing Plaintiff to fall during a shower and sustain severe injuries.
This matter is on calendar for the motion by Defendants for summary judgment pursuant to Civil Procedure Code (“CCP”) section 437c on the grounds that the undisputed facts establish that plaintiff cannot prevail on essential elements of the causes of actio........