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CORTEZ v. MTD PRODUCTS, INC.

No. C-95-0990 WDB.

927 F.Supp. 386 (1996)

Juan CORTEZ, Plaintiff, v. MTD PRODUCTS, INC., an Ohio Corporation, K Mart Corporation, et al., Defendants.

United States District Court, N.D. California.

March 18, 1996.

Attorney(s) appearing for the Case

Brian T. Bonney, of the Law Office of Brian T. Bonney, Walnut Creek, CA, for plaintiff Juan Cortez.

Anthony S. Warburg, of Porter, Scott, Weiberg & Delehant, Sacramento, CA; Richard T. Coyne and Robert F. Coyne, of Wegman, Hessler, Vanderburg & O'Toole, Cleveland, OH, for defendants MTD Products, Inc., and K-Mart Corp.

OPINION AND ORDER RE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BRAZIL, United States Magistrate Judge.

In this Opinion and Order we announce our rulings on the motion for summary judgment that defendants filed on January 23, 1996. For the reasons set forth below, the motion is hereby GRANTED IN PART AND DENIED IN PART.

BACKGROUND

Plaintiff, Juan Cortez, was injured while using a lawn mower that was manufactured by defendant, MTD Products...

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