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Personal Injury
Product Liability
Physical Therapy Resistance Tubing Device

Jan Amundson v. Coury & Buehler Physical Therapy, and Does 1 to 50

Published: Mar. 11, 2017 | Result Date: Feb. 9, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 30-2016-00856698-CY-PO-CJC Summary Judgment –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Donald E. Lawson
(Donald E. Lawson Attorney at Law)


Defendant

Charles A. Palmer
(Law Office of Eric G. Anderson)

William Edwin Ruwe
(AmTrust North America)


Facts

On June 13, 2014, plaintiff was at defendant's physical therapy office in Orange County when she was injured by resistance tubing that broke while she was undergoing physical therapy. She asserted causes of action for negligence and products liability.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to maintain the equipment or to replace worn equipment, resulting in the equipment being a in a dangerous condition when used by plaintiff.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's contentions and argued that plaintiff's claims were barred by the statute of limitations.

Result

The court found the complaint insufficient as a matter of law, and granted defendant's motion for judgment on the pleadings with 10 days leave to amend.


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