Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 JOHN BROWN, No. 2:21-cv-00392 JAM-DMC Plaintiff, v. ORDER GRANTING TAKEUCHI’S MOTION

TO DISMISS AND GRANTING UNITED

TAKEUCHI MFG. CO. (U.S.), RENTALS’ MOTION TO DISMISS LTD., et al., 16 Defendants. 17 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND On March 14, 2019, John Brown (“Plaintiff”) leased a mini excavator, a Takeuchi model TB230, from United Rentals (North America), Inc. to dig and clear his property in Shasta County. Compl. ¶¶ 16, 20-21, ECF No. 1. While using the TB230, Plaintiff was injured; his left leg was crushed and subsequently amputated below the kneecap. Id. ¶¶ 22-23. This lawsuit followed. Defendants are Takeuchi Mfg. Co. (U.S.), Ltd.(“Takeuchi”) and its parent company Takeuchi Mfg. Co. Ltd., the designers and manufacturers of the TB230, along with United Rentals (North America), Inc, and United Rentals Inc. (collectively “United Rentals”), which owned and rented the excavator at…