TR: Defendant’s demurrer is OVERRULED.
INTRODUCTION:
Defendant LKQ Best Automotive Corp. (“Defendant”) demur to the entire third cause of action in the First Amended Complaint (“FAC”) based on uncertainty and failure to state facts sufficient to support a cause of action. Plaintiff filed the operative FAC on July 18, 2019 for:
Negligence
Premises Liability
Strict Products Liability
ALLEGATIONS:
Plaintiff alleges that on November 17, 2017, Plaintiff was on the premises of LKQ Pick Your Part auto salvage yard, which is owned, leased, rented, managed, maintained, operated, supervised, and controlled by Defendant. While on the premises, he was loading a car motor into his truck with an engine hoist belonging to and manufactured by Defendant, when the engine hoist’s chain broke, causing the motor to fall directly on Plaintiff’s left leg and foot. (FAC, ¶¶ 6, 13.)
I. DEMURRER
A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County
Hearing Date
February 11, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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TR: Defendant’s demurrer is OVERRULED.
INTRODUCTION:
Defendant LKQ Best Automotive Corp. (“Defendant”) demur to the entire third cause of action in the First Amended Complaint (“FAC”) based on uncertainty and failure to state facts sufficient to support a cause of action. Plaintiff filed the operative FAC on July 18, 2019 for:
Negligence
Premises Liability
Strict Products Liability
ALLEGATIONS:
Plaintiff alleges that on November 17, 2017, Plaintiff was on the premises of LKQ Pick Your Part auto salvage yard, which is owned, leased, rented, managed, maintained, operated, supervised, and controlled by Defendant. While on the premises, he was loading a car motor into his truck with an engine hoist belonging to and manufactured by Defendant, when the engine hoist’s chain broke, causing the motor to fall directly on Plaintiff’s left leg and foot. (FAC, ¶¶ 6, 13.)
I. DEMURRER
A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County