Erriton Hall v. Suzuki Motor Corporation
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 braking power which prevented the Plaintiff from stopping before crashing into [a] vehicle.” Id. ¶ 51. Plaintiff brings claims for the following causes of action: (1) strict product liability design defect, (2) strict product
CIVIL MINUTES – GENERAL
Case No. SA CV 20-01911-DOC-DFM Date: December 6, 2020 Page
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. See Compl. at 2. Defendant Suzuki Motor of America, Inc. (“SMAI”) previously removed the case to this Court on the basis…