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Personal Injury
Product Liability
Breach of Implied Warranty of Fitness

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

Curtis A. Kin

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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