Murchison & Cumming LLP

Motion for Summary Judgment Granted in Products Liability Case

April 16, 2019

Judge Curtis A. Kin of the Los Angeles County Superior Court granted a motion for summary judgment in a products liability case against Mountville Mills, Inc. (MMI), a floor mat manufacturer. The motion was prepared and argued by Matthew E. Voss and the handling attorney for this matter was Lisa D. Angelo.

MMI is a manufacturer of floor mats used in the restaurant industry and other businesses across the U.S. The plaintiff had purportedly sustained serious physical injuries after a trip and fall accident at the entrance of a restaurant in Pasadena, California involving a mat manufactured by MMI. She alleged causes of action against MMI for: 1) Products Liability; 2) Breach of Implied Warranty of Fitness; and 3) Negligence.

The Court found that the plaintiff had failed to raise any triable issues of material fact and submit evidence showing a defect in the mat, or conduct constituting a breach of warranty or breach of duty by MMI. Thus, the plaintiff could not establish her causes of action against MMI. The Court found the declaration of the plaintiff's expert, Brad Avrit, submitted in opposition to the motion, unpersuasive because Avrit did not test the mat, request a sample mat for testing, inspect the accident site, and his opinions were not based upon personal knowledge.

 

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