Ricardo Santos v. Armored Transport of Nevada Inc., Armored Transport of California Inc., Ford Motor Company, Freeway Ford Truck Sales, and Does 1 to 100, inclusive
Published: Dec. 24, 2016 | Result Date: Oct. 21, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC528715 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Brian D. Chase
(Bisnar Chase LLP)
H. Gavin Long
(Bisnar Chase LLP)
Defendant
Nicole R. Roggeveen
( Cole Huber LLP)
Thomas G. Oesterreich
(Judicate West)
Facts
On Feb. 22, 2013, plaintiff was the passenger in an armored truck that was struck by another vehicle on the truck's passenger side. The truck traveled into a center island and struck a cement pillar. In his second amended complaint, plaintiff asserted causes of action against various entities involved in the manufacture and alleged modification of the armored vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants were liable for his injuries because his injuries were caused by the truck's defective condition, including an armored body chassis that was added to the vehicle after its manufacture. Plaintiff claimed strict product liability and negligent product liability.
DEFENDANT'S CONTENTIONS:
Garda CL West contended in its motion for summary judgment that plaintiff was injured while in the course and scope of his employment with Garda. As such, his action was barred by the Workers' Compensation Act, which provided his sole and exclusive remedy.
Result
The court granted Garda's motion and dismissed it from the action.
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