James Geibel v. Sears, Roebuck and Co.

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James GEIBEL, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO., Defendant-Appellee. No. 94-56617. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided May 24, 1996. Before: GIBSON, * NOONAN, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 James Geibel appeals the district court's grant of summary judgment dismissing his claim. We affirm. I. BACKGROUND 3 In January, 1988, James Geibel was riding his bicycle when it collapsed beneath him and threw him to the street, breaking his neck. Geibel filed suit against the City of Torrance, certain named contractors, and Sears Roebuck and Co., Inc. (Sears). Geibel's cause of action against the city and the contractors alleged negligence, willful failure to warn, and dangerous condition of property. Geibel's cause of action against Sears alleged strict liability, negligence, and breach of express and implied warranties. 4 After three years…