Facts

Plaintiffs initially sued defendants for negligence and product liability relating to their purchase of an Infiniti vehicle. Plaintiff settled her case against Tony Davis and Peyton Cramer Infiniti in September 2016 for $199,000.

Plaintiffs Tony Davis and Venus Penso filed suit against defendants Autonation Infiniti South Bay, aka Peton Cramer Infiniti, and Liberty Mutual Fire Insurance Co. The case was later consolidated with the underlying suit.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that while they were driving their vehicle, it suddenly flew off the ground and rolled over. They claimed that their insurance carrier, Liberty Mutual Fire Insurance Co., breached its duty to provide them medical care. As a result, plaintiffs had to pay their own medical expenses. Additionally, they argued that Liberty Mutual was liable for the breach of warranty and defects relating to the vehicle.

DEFENDANT'S CONTENTIONS: Liberty Mutual contended in its motion for judgment on the pleadings that plaintiffs failed to allege any facts that it had a common law duty to them and that the product liability claim was inapplicable because it was not involved in the chain of distribution of the vehicle.

Result

The court tentatively granted defendant's unopposed motion with leave to amend.

Other Information

Plaintiffs filed a notice of Partial Settlement with Cramer Infiniti.