Delgadillo

Delgadillo v. Unitrons Consolidated, Inc.

Good Law
191 F. App'x 547
United States Court of Appeals for the Ninth CircuitJuly 19, 2006No. 04-35946California1,535 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellants Alfredo Delgadillo and his wife filed a products liability claim alleging five causes of action against Defendant-Appellees Unitrons Consolidated, Inc. and Superspeed Transportation, Inc. pursuant to the Idaho Products Liability Reform Act (IPLRA), Idaho Code Ann. § 6-1401 et seq. The district court granted summary judgment in favor of Defendant-Appellees based on its determination that they were not “product sellers” under the Act and could not be held liable.

We affirm.

I

We review a district court’s grant of summary judgment de novo. Universal Health Servs., Inc. v. Thompson, 363 F.3d 1013 , 1019 (9th Cir.2004). We “must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Id. (internal quotation marks omitted).

*549 The parties are familiar with the facts and we do not repeat them here.

II

Appellants seek to hold Appellees liable under the “imputed liability” provision of the IPLRA, § 6-1407(4). Section 6-1407(4) provides that “[a] product seller, other than a manufacturer,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.