Facts

Plaintiff Talita Queiros was injured inside a Target store when an electric shopping cart ran into plaintiff's ankle. Plaintiff sued defendant Target Corporation, Inc. and the manufacturer of the electronic shopping cart, defendant Dane Technologies, Inc. for premises liability and products liability.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant Dane Technologies failed to properly maintain the plastic rubber safety wheels of the electronic shopping carts which caused severe injury to plaintiff's ankle. In addition, plaintiff contended that defendant failed to use reasonable precautions to prevent injuries to individuals who uses defendant's products.

DEFENDANT'S CONTENTIONS: Defendant Dane Technologies denied plaintiff's contentions. Defendant contended that plaintiff's premises liability cause of action failed because defendant owed no legal duty to plaintiff to maintain the electronic shopping carts at the Target store. Further, defendant contended that plaintiff's products liability cause of action failed because defendant's product was not defective when it left its control and plaintiff's injuries were caused by the misuse of defendant's product.

Result

The court granted summary judgment in favor of defendant Dane Technologies ruling that plaintiff has failed to raise a genuine dispute of material fact of whether defendant provided a defective product.