Ferry
Ferry v. De Longhi America Inc.
Opinion
Lead Opinion
Armstrong, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT OF PLAINTIFF PATRICK FERRY’S WRONGFUL DEATH CLAIM
Plaintiffs Patrick Ferry (“Mr. Ferry”)— individually and as successor and executor to the Estate of Randy Sapp (“Mr. Sapp”)—Brenda Gonzales, Don Sapp, and Sharon Cornelius (collectively, “Plaintiffs”) bring the instant personal injury and wrongful death action against Defendants De’Longhi America Inc. and De’Longhi S.p.A. (collectively “De’Longhi”). The action arises out of a residential fire caused by a purportedly defective heater that De’Longhi manufactured and distributed. The fire resulted in Mr. Sapp’s death and injuries to Mr. Ferry. The parties are presently before the Court on De’Longhi’s Motion for Partial Summary Judgment of Plaintiff Patrick Ferry’s Wrongful Death Claim. Dkt. 58. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS the motion, for the reasons stated below. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed. R. Civ. P. 78(b); N.D. Cal. Civ. L.R. 7-1(b).