Allphin

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

[Re: ECF 136]

This is a strict products liability action brought by Plaintiff against several Defendants, alleging that a defective exercise resistance band unexpectedly broke while she was properly using it, causing her serious injury. Plaintiff has been diagnosed by her treating doctors, resident at Stanford Hospitals and Clinics as well as *989 Palo Alto Medical Foundation (“PAMF”), with Complex Regional Pain Syndrome Type I (“CRPS-I”), which she describes as “a debilitating condition that results in near constant, severe pain that affects a victim’s limbs and makes touching or moving those limbs seem intolerable.” Mot. at 1. As a result of her injury, Plaintiff contends that she has been unable to return to work as a trusts and estates attorney. See id.

Defendants Fulco Fulfillment (“Fulco”), Peter Kofitsas, and Peter K. Fitness have asserted affirmative defenses which allege, among other things, that they are entitled to apportionment of responsibility for non-economic damages, if any are found by the jury, caused by Plaintiffs treating doctors’ medical malpractice. Defendants’ affirmative defense is premised…