California Court of Appeal

In a personal injury action after the plaintiff slipped in a bathtub at a hotel: 1) the district court's grant of summary judgment to the bathtub manufacturer is affirmed, where the evidence produced by the plaintiff, both expert and lay opinion, was insufficient to establish any triable issues of fact on his claims of negligence and product liability; and 2) the district court's grant of the plaintiff's motion for a new trial on his allegations against the hotel is reversed, where the undisputed facts supported only one legal conclusion, that the plaintiff would not be able to prevail on his premises liability or negligence theories, because he could not demonstrate the hotel was placed on sufficient actual or constructive notice of any dangerous condition of the bathtub.

Appellate Information

• Decided 02/08/2012
• Published 02/08/2012

Judges

• Huffman

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Ted W. Pelletier, Wilson Elser Moskowitz Edelman & Dicker