On 09/22/2017 CONNIE JOAN LOCKER filed a Personal Injury - Motor Vehicle lawsuit against TRIUMPH MOTORCYCLES AMERICA LIMITED. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY J. FUJIE, LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.
****7107
09/22/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
HOLLY J. FUJIE
LAURA A. SEIGLE
AMY D. HOGUE
LOCKER CONNIE JOAN
DOES 1 TO 1OO
TRIUMPH MOTORCYCLES AMERICA LIMITED
BAXTER CYCLE INC
CADENA MIKE
BAXTER RANDY
BAXTER KENNER
TRIUMPH MOTORCYCLES LTD
BAXTER RANDY DBA BAXTER CYCLE INC.
SO CAL TRIUMPH INC.
TRIUMPH MOTORCYCLES AMERICA LTD.
MAKKABI DAVID F.
MAKKABI DAVID FAREID
PHILLIPS DAVID M. ESQ.
LEE HANNAH
TROPIO SCOTT T. ESQ.
KAHN DAVID S.
LEE HANNAH CHEEYON
KAHN DAVID STEVEN
MCLAIN MICHAEL ANTHONY ESQ.
TROPIO SCOTT THOMAS ESQ.
HURWITZ DANIEL SCOTT ESQ.
TROPIO SCOTT THOMAS
2/16/2018: PROOF OF SERVICE OF SUMMONS
11/2/2018: Stipulation and Order
12/21/2018: Supplemental Declaration
12/21/2018: Request for Judicial Notice
12/24/2018: Opposition
1/2/2019: Request for Judicial Notice
1/16/2019: Challenge To Judicial Officer - Peremptory (C.C.P., ? 170.6)
1/24/2019: Minute Order
1/30/2019: Notice of Case Management Conference
3/25/2019: Unknown
4/18/2019: Order
1/17/2018: DEFENDANT TRIUMPH MOTORCYCLES LTD.'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT
1/3/2018: Minute Order
12/26/2017: SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES, LTD'S MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO OPPOSITION OF ITS MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT
10/25/2017: SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES (AMERICA) LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE
11/8/2017: ANSWER TO UNVERIFIED COMPLAINT
9/22/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
9/27/2017: PROOF OF SERVICE SUMMONS
at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court
at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court
at 08:30 AM in Department 58; Conference (ReMediation Setting) - Held
at 08:30 AM in Department 58; Status Conference - Held
Minute Order ( (Status Conference; Conference Re: Mediation Setting)); Filed by Clerk
at 08:30 AM in Department 58; Hearing on Motion to be Admitted Pro Hac Vice - Held
Minute Order ( (Hearing on Motion to be Admitted Pro Hac Vice)); Filed by Clerk
Order (Granting Philip Quaranta's Verified Application to Appear as Counsel Pro Hac Vice)
at 08:30 AM in Department 58; Case Management Conference - Held
Minute Order ( (Case Management Conference)); Filed by Clerk
Motion to Quash; Filed by Triumph Motorcycles, Ltd (Defendant)
SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES (AMERICA) LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE
SPECIALLY APPEARING DEFENDANT TRIUMPH MOTORCYCLES, LTD'S NOTICE OF MOTION AND MOTION TO QUASH SERVICE
Proof-Service/Summons; Filed by Connie Joan Locker (Plaintiff)
PROOF OF SERVICE SUMMONS
Proof-Service/Summons; Filed by Connie Joan Locker (Plaintiff)
PROOF OF SERVICE SUMMONS
Complaint; Filed by Connie Joan Locker (Plaintiff)
SUMMONS
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC677107 Hearing Date: December 12, 2019 Dept: 58
Judge John P. Doyle
Department 58
Hearing Date: December 12, 2019
Case Name: Locker v. Triumph Motorcycles Limited, et al.
Case No.: BC677107
Motion: Motion for Summary Judgment/Adjudication
Moving Party: Defendants Triumph Motorcycles, Limited and Triumph Motorcycles (America), LTD
Opposing Party: Plaintiff Connie Joan Locker
Tentative Ruling: The Motion for Summary Adjudication is granted in part.
Plaintiff Connie Locker alleges that her husband died in a crash as a result of defects in his motorcycle. On September 22, 2017, Plaintiff filed the operative Complaint for (1) negligence and (2) products liability. Plaintiff pleads counts for strict liability, negligence, and breach of warranty for her products liability cause of action.
Defendants Triumph Motorcycles, Limited and Triumph Motorcycles (America), LTD move for summary judgment or, alternatively, summary adjudication of all counts. Defendants principally argue (1) there is no evidence a defect caused the subject accident; (2) Plaintiff’s product liability claim fails due to substantial alterations of the subject motorcycle; (3) there is no evidence supporting duty, causation, or breach for the purposes of Plaintiff’s negligence claim; and (4) there is no warranty which was breached.
The Motion is granted as to Plaintiff’s count for breach of express warranty because it is undisputed the subject motorcycle was not under warranty at the time of the subject crash. (Plaintiff’s Separate Statement of Undisputed Fact ¶ 54.)
The Motion is otherwise denied because Plaintiff points to evidence that (1) Defendants’ service manual for the subject motorcycle depicts improper routing of throttle cables (whether or not there are p-clips); (2) the subject motorcycle’s throttle cables were maintained in the configuration provided for by Defendants’ manual; (3) this cable routing could cause the throttle to function improperly if certain turning maneuvers were taken; (4) Plaintiff’s husband took these turning maneuvers such that his throttle stuck and caused a crash. (Yates Decl. ¶¶ 12-19.)[1]
In sum, the Motion for Summary Adjudication is granted as to Plaintiff’s count for breach of warranty. The Motion is otherwise denied.
[1] The objections are overruled as to the cited evidence. All other objections are overruled as immaterial. (Code Civ. Proc. § 437(q).)