Mariscal
Mariscal v. Graco, Inc.
Opinion
Lead Opinion
Henderson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This matter came before the Court on June 16, 2014, on the motion of. Defendant Graco, Inc. (“Defendant”) for summary judgment. After carefully considering the written and oral arguments of the parties, and the relevant law, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion for the reasons discussed below.
BACKGROUND
In this product liability case, Plaintiff Joshua Mariscal (“Plaintiff’) alleges that he was injured on July 29, 2012, while attempting to clean and repair a used, Graco Magnum X7 Airless Paint Sprayer *978 (the “Sprayer”), which he had been given by his brother-in-law. See Mariscal Dep. (“Tr.”) 22:6-10; 26:5-8, Docket No. 41-2. The Sprayer was manufactured by Defendant in July 2008. See Rivord Deck ¶ 9, Docket No. 41-10. The used Sprayer was “tattered,” and the filter on the bottom was full of dried paint. See Tr. 26:5-8. On July 28, 2012, Plaintiff turned on the Sprayer, heard the motor labor, and concluded that the Sprayer was clogged because it appeared to draw water but nothing came out of the spray gun. See id. at 32:15-24. Plaintiff purchased a new filter and…