Hector

Hector v. Cedars-Sinai Medical Center

Good Law
180 Cal. App. 3d 493·1986 Cal. App. LEXIS 1523·225 Cal. Rptr. 595
Court of Appeal of CaliforniaApril 29, 1986B012677California4,504 words

Opinion

Opinion

Spencer, J.

Introduction

Plaintiff Frances J. Hector appeals from an order dismissing her second and third causes of action against defendant following the granting of defendant’s motion for partial summary judgment.

Statement of Facts

Plaintiff filed a complaint against Cedars-Sinai Medical Center (Cedars-Sinai) 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 Cedars-Sinai by plaintiff’s physician, Dr. Eugene Kompaniez.

The complaint contained three causes of action: negligence, strict liability and breach of warranty. Cedars-Sinai moved for partial summary judgment on plaintiff’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. Plaintiff subsequently requested and received dismissal of the first cause of action, negligence, against Cedars-Sinai. The trial court then issued its order dismissing the second and third causes of action.

Contention

Plaintiff contends the trial court erred in finding Cedars-Sinai…

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