HECTOR v. CEDARS SINAI MEDICAL CTR. 180 Cal.App.3d 493 (1986). CASE BRIEF

HECTOR V. CEDARS SINAI MEDICAL CTR.
180 Cal.App.3d 493 (1986)
NATURE OF THE CASE: Hector (P) appealed from decision by Superior Court of Los Angeles County granting Cedars (D) partial summary judgment in personal injury suit arising from implantation of defective pacemaker.
FACTS: P filed a complaint against D and American Technology, Inc., alleging personal injury resulting from the implantation of a defective pacemaker. The pacemaker was manufactured by American Technology, Inc., and implanted at D. P sued in negligence, strict liability and breach of warranty. D moved for partial summary judgment on P's second and third causes of action, strict liability and breach of warranty, alleging as a matter of law there were no triable issues of fact. The trial court granted the motion. P subsequently requested and received dismissal of the first cause of action, negligence, against D. The trial court then issued its order dismissing the second and third causes of action. P appealed. P contends the trial court erred in finding D was exempt from the application of the strict products liability doctrine.

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