Erriton Hall v. Suzuki Motor of America, Inc.
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from the original Complaint in this action (Dkt. 1, Ex. A). This action concerns injuries Plaintiff suffered in a motorcycle crash in Lynchburg, Virginia, while operating his 2004 Suzuki GSX-R1000 motorcycle (“the Subject Motorcycle”). Compl. ¶¶ 9–12. Plaintiff alleges that the front brakes of the Subject Motorcycle failed when he attempted to engage the brakes while exiting a highway, and that “there was no breaking power which prevented the Plaintiff from stopping before crashing into [a] vehicle.” Id. ¶ 51. Plaintiff brings claims for the
CIVIL MINUTES – GENERAL
Case No. SA CV 19-04066-DOC-PJW Date: June 12, 2020
Page
following causes of action: (1) strict product liability design defect, (2) strict product liability failure to warn; (3) negligence; and (4) breach of implied warranties. Id. ¶¶ 15– 46. Plaintiff additionally seeks punitive damages. Id. ¶¶ 47–95.
B. Procedural History Plaintiff originally filed suit in the Superior Court of California, County of Orange (Dkt. 1). Defendant Suzuki Motor of America, Inc. (“SMAI”) filed a Notice of Removal on April 6, 2020 (Dkt. 1). Plaintiff filed…