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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment