Benedicta Martinez v. Avanti Cafe Inc., et al.
Published: Oct. 25, 2019 | Result Date: Feb. 26, 2019 | Filing Date: Aug. 16, 2016 |Case number: BC630431 Summary Judgment – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Steven C. Peck
(Peck Law Group APC)
David J. Ebenhack
(Sullivan & Sullivan)
Defendant
Matthew E. Voss
(Murchison & Cumming LLP)
Lisa D. Angelo
(Murchison & Cumming LLP)
Facts
On May 26, 2015, plaintiff Benedicta Martinez was exiting the interior of the entrance of a restaurant in Pasadena, when she allegedly tripped and fell over a mat. Plaintiff filed suit against Mountville Mills Inc., a manufacturer of floor mats used in the restaurant industry.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged causes of action against Mountville Mills for products liability, breach of implied warranty of fitness, and negligence.
DEFENDANT'S CONTENTIONS: Defendant contended the mat was a commercial entrance indoor wiper mat with a carpet top and rubber backing.
Injuries
Plaintiff claimed serious physical injuries as a result of the fall.
Result
The court granted defendant's motion for summary judgment. The court found that plaintiff had failed to raise any triable issues of material fact and submit evidence showing a defect in the mat, or conduct constituting a breach of warranty or breach of duty by the manufacturer.
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