Green
Green v. Bristol-Myers Co.
Opinion
Opinion
Johnson, J.
Plaintiff Oceal Green (Green) appeals from a summary judgment in favor of defendants Bristol-Myers Company and Xomed Cor poration (collectively referred to as Xomed) in a product liability action. Xomed successfully moved for summary judgment on the basis it did not manufacture the allegedly defective product.
On appeal, we consider whether Code of Civil Procedure section 437c’s time limitation requiring a summary judgment motion to be heard no later than 30 days prior to the date of trial is extended when the original trial date is continued. We conclude it is. We further conclude the trial court properly granted summary judgment in this case since there is no triable issue that Xomed was the manufacturer of the products in question.
Statement of Facts
This product liability action arose when Green was allegedly injured following her dentist’s implantation of several prosthetic devices used in treating temporomandibular joint (TMJ) syndrome. The dentist, Dr. Douglas Morgan (Morgan), was named as a defendant along with the manufacturer of the prosthetic devices, Howmedica, Inc. (Howmedica).