Home Depot U.S.A., Inc. v. Twin City Fire Insurance Company

I. Background

23 Plaintiff Home Depot, U.S.A., Inc. (“Home Depot”) sells 24 products manufactured by nonparty Woodstream Corporation 25 (“Woodstream”), including the Victor Electronic Model m240 rat 26 trap. On or about November 11, 2013, Home Depot customer Cheyenne 27 Angle (“Angle”) was injured in a Home Depot store while examining a 28 Model m240 trap (“the trap.”) (Dkt. 1 Complaint 9.) Case 2:18-cv-03051-DDP-JC Document 118 Filed 01/31/ Page 2 of Page ID #:2923

Battery-operated rat traps, such as the Model m240, are supplied to Home Depot without batteries. (MSJ Ex. 34, p.2.) The trap Angle handled, however, was placed on the shelf with batteries installed. While holding the trap inside the store, Angle placed his fingers inside the trap and suffered an electric shock. Angle and Home Depot employee Alex Pilat (“Pilat”) observed that the trap’s packaging appeared to be worn, leading Pilat to conclude that a customer had returned the trap with batteries installed and the trap was then re-stocked in that condition. Within one week of the incident, Home Depot was made aware that Angle claimed to have been diagnosed…