Hector v. Cedars Sinai Medical Ctr.

180 Cal.App.3d 493 (1986)

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Nature of the Case

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Facts

P filed a complaint against D and American Technology, Inc., alleging personal injury resulting from the implantation of a defective pacemaker. The pacemaker was manufactured by American Technology, Inc., and implanted at D. P sued in negligence, strict liability and breach of warranty. D moved for partial summary judgment on P's second and third causes of action, strict liability and breach of warranty, alleging as a matter of law there were no triable issues of fact. The trial court granted the motion. P subsequently requested and received dismissal of the first cause of action, negligence, against D. The trial court then issued its order dismissing the second and third causes of action. P appealed. P contends the trial court erred in finding D was exempt from the application of the strict products liability doctrine.