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Summary Judgment Granted in Product Liability Matter

March 1, 2011

Gina E. Och and Corine Zygelman obtained summary judgment on behalf of their client, a distributor of motion picture cameras, digital intermediate systems, and lighting equipment. The plaintiff sued his employer, the defendant, for negligence and products liability, claiming to have sustained injury while moving a scanner, manufactured by a parent company of the defendant, down a city street for a customer. The defendant moved for summary judgment and the court granted the motion, finding that the plaintiff’s claims were barred by the workers' compensation exclusive remedy and the plaintiff failed to show that he fell within the exception regarding a dual employer based on the employer's role as the product manufacturer. The court further found that plaintiff failed to show (1) he was a consumer or end user of the product and (2) the defendant company was the manufacturer of the product.