Howard

While he was a guest at the San Diego Omni Hotel, plaintiff and appellant Ronald Howard (Howard) slipped in a bathtub and was injured. Howard brought a personal injury action for damages against the manufacturer of the bathtub, defendant and respondent, Kohler Co. (Kohler), on theories of negligence and strict product liability. Howard also sued defendant and appellant Omni Hotels Management Corporation (Omni; sometimes referred to with Kohler as Defendants) on theories of premises liability and negligence. Howard’s complaint alleges that the hotel bathtub was defective because its Kohler-supplied coating did not comply with “applicable standards,” and Omni failed to protect him from an unreasonable level of danger there.

Defendants each brought successful summary judgment motions, contending Howard could not prove essential elements of his cases against them. (Code Civ. Proc., § 437c; all statutory references are to this code unless noted.) The trial court, however, granted Howard’s motion for new trial as to Omni, thus setting aside the Omni summary judgment. (§ 657.) Howard appeals the summary judgment in favor of Kohler, while Omni appeals the new trial order.

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