Escalator Malfunction Raises Product Liability And Negligence Issues - Case Voluntarily Dismissed After Partial Summary Judgment Granted for Defense

October 1, 2004

Guy R. Gruppie, Michael J. Nunez and Joshua Rosen recently obtained a partial summary judgment and voluntary dismissal of the remaining counts of a personal injury action filed against Mitsubishi by a Los Angeles Police Dept. officer.

The officer alleged that in June 2002, the escalator he was riding on at the MTA's Westlake Red Line Station malfunctioned, stopped abruptly and caused him to suffer a significant injury to his left knee. The injury eventually required surgery, and the officer made a claim of medical expenses, pain & suffering, and lost wages.

Plaintiff's complaint alleged strict products liability, breach of warranty and negligence. The defense's motion for summary judgment/summary adjudication was partially granted, as the court ruled as a matter of law that Mitsubishi was not involved in the manufacture, sale, design or distribution of the escalator system/components. However, the court denied the motion on the negligence count.

Further discovery ensued after which plaintiff accepted Mitsubishi's Statutory Offer to Compromise for a waiver of costs and attorney fees, as the defense demonstrated through lay and expert witnesses that it breached no duty owed plaintiff in its maintenance of the escalator system. This case is the latest in a string of successful court rulings that Murchison & Cumming has obtained for Mitsubishi.