David Carpenter, Kim Carpenter, individually and as next friend of C.C., a minor, Kim Agrella, trustee of The Carpenter Family Trust v. Amazon.Com, Inc.
Published: May 3, 2019 | Result Date: Mar. 19, 2019 | Filing Date: Jun. 5, 2017 |Case number: 17-CV-03221-JST Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Valerie N. Rose
(Walkup Melodia Kelly & Schoenberger APC)
Brendan M. Kunkle
(Abbey Weitzenberg Warren & Emery PC)
Khaldoun Baghdadi
(Walkup, Melodia, Kelly & Schoenberger APC)
Defendant
Charles H. Horn
(Freeman, Mathis & Gary LLP)
Felicia P. Jafferies
(LeClairRyan LLP)
William B. Murphy
(Perkins Coie LLP)
Facts
Plaintiffs David Carpenter, Kim Carpenter, individually and as next friend of C.C., a minor, and Kim Agrella, trustee of The Carpenter Family Trust, sued Amazon.com in relation to a hoverboard purchased through the website.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that their home was burned down from a fire that was caused by the hoverboard they purchased through Amazon from a third party. Plaintiffs asserted causes of action under strict products liability, negligence, breach of implied warranty, and fraudulent concealment.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The court granted summary judgment in favor of defendant because plaintiffs failed to prove all of the elements under each cause of action.
Other Information
Plaintiffs filed a Notice of Appeal on April 9, 2019.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390