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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