Gustin v. Plano Molding Company et al
Filing
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ORDER Granting #52 Motion for Summary Judgment. Signed by Judge Robert C. Jones on 3/25/15. (Copies have been distributed pursuant to the NEF - TR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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_____________________________________
COLE GUSTIN,
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Plaintiff,
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vs.
PLANO MOLDING CO. et al.,
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Defendants.
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2:14-cv-00700-RCJ-CWH
ORDER
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This case arises out of an accidental shooting. Pending before the Court is a Motion for
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Summary Judgment (ECF No. 52). For the reasons given herein, the Court grants the motion.
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I.
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FACTS AND PROCEDURAL HISTORY
On August 9, 2012, Plaintiff Cole Gustin, who was ten years old, was playing in his
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mother’s bedroom when he found a DoskoSport gun case (the “Case”) containing a pistol and
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secured with two padlocks. (Compl. ¶ 9, ECF No. 1-1). Without unlocking either lock, Plaintiff
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pulled the pistol out through the side of the Case and accidentally shot himself in the head. (Id.
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¶ 10). Plaintiff survived but was seriously and permanently injured. (Id. ¶ 11).
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Plaintiff sued Defendants Plano Molding Co. (“Plano”) and Doskocil Manufacturing Co.
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(“Doskocil”) in state court through his mother and guardian ad litem, Carmen Gustin, for strict
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product liability and negligence. Plano removed and has now moved for summary judgment.
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II.
LEGAL STANDARDS
A court must grant summary judgment when “the movant shows that there is no genuine
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dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.
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Civ. P. 56(a). Material facts are those which may affect the outcome of the case. See Anderson
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v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute as to a material fact is genuine if
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there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. See
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id. A principal purpose of summary judgment is “to isolate and dispose of factually unsupported
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claims.” Celotex Corp. v. Catrett, 477 U.S. 317, 323–24 (1986). In determining summary
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judgment, a court uses a burden-shifting scheme:
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When the party moving for summary judgment would bear the burden of proof at
trial, it must come forward with evidence which would entitle it to a directed
verdict if the evidence went uncontroverted at trial. In such a case, the moving
party has the initial burden of establishing the absence of a genuine issue of fact
on each issue material to its case.
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C.A.R. Transp. Brokerage Co. v. Darden Rests., Inc., 213 F.3d 474, 480 (9th Cir. 2000) (citations
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and internal quotation marks omitted). In contrast, when the nonmoving party bears the burden
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of proving the claim or defense, the moving party can meet its burden in two ways: (1) by
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presenting evidence to negate an essential element of the nonmoving party’s case; or (2) by
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demonstrating that the nonmoving party failed to make a showing sufficient to establish an
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element essential to that party’s case on which that party will bear the burden of proof at trial.
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See Celotex Corp., 477 U.S. at 323–24. If the moving party fails to meet its initial burden,
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summary judgment must be denied and the court need not consider the nonmoving party’s
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evidence. See Adickes v. S.H. Kress & Co., 398 U.S. 144 (1970).
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If the moving party meets its initial burden, the burden then shifts to the opposing party
to establish a genuine issue of material fact. See Matsushita Elec. Indus. Co. v. Zenith Radio
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Corp., 475 U.S. 574, 586 (1986). To establish the existence of a factual dispute, the opposing
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party need not establish a material issue of fact conclusively in its favor. It is sufficient that “the
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claimed factual dispute be shown to require a jury or judge to resolve the parties’ differing
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versions of the truth at trial.” T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d
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626, 631 (9th Cir. 1987). In other words, the nonmoving party cannot avoid summary judgment
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by relying solely on conclusory allegations unsupported by facts. See Taylor v. List, 880 F.2d
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1040, 1045 (9th Cir. 1989). Instead, the opposition must go beyond the assertions and
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allegations of the pleadings and set forth specific facts by producing competent evidence that
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shows a genuine issue for trial. See Fed. R. Civ. P. 56(e); Celotex Corp., 477 U.S. at 324.
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At the summary judgment stage, a court’s function is not to weigh the evidence and
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determine the truth, but to determine whether there is a genuine issue for trial. See Anderson, 477
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U.S. at 249. The evidence of the nonmovant is “to be believed, and all justifiable inferences are
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to be drawn in his favor.” Id. at 255. But if the evidence of the nonmoving party is merely
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colorable or is not significantly probative, summary judgment may be granted. See id. at 249–50.
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III.
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ANALYSIS
Plano asks the Court to grant it summary judgment on both claims because it did not
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design, manufacture, distribute, or sell the case. Plano has satisfied its initial burden on
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summary judgment by presenting evidence that negates the above element of the claims. Plano
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notes that Plaintiff has accused both Defendants of designing, manufacturing, distributing, and
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selling DoskoSport gun cases. (See Compl. ¶¶ 13–14). Plaintiff refers to Defendants collectively
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and interchangeably, however. (See id.). Plano notes that Doskocil admits that produced,
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designed, and manufactured a gun case under the name “DoskoSport” between 2002 and 2007.
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Plano’s verified responses to Plaintiff’s first set of interrogatories indicates that Plano did not
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obtain Doskocil’s gun case molds until the Fall of 2007. (See Responses 2–5, ECF No. 52-4).
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Furthermore, Plaintiff’s verified answers to Plano’s first set of interrogatories indicate that
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Gustin received the Case from David Law as a gift, and that she could not recall the exact date
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but believed it was over ten years before August 18, 2014. (See Responses 5–6, ECF No. 52-5).
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Plano has satisfied its initial burden on summary judgment. Plano’s evidence negates at least the
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causation elements of the strict liability and negligence claims, because the evidence shows that
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the Case was purchased before Plano had the molds to make such a case, and it therefore cannot
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have made the Case that is alleged to have caused the harm.
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Plaintiff has not opposed the motion, but Doskocil has, noting that Carmen Gustin is
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sscheduled to be deposed on February 24, 2015, and that David Law’s deposition is yet to be
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taken. Law’s deposition is particularly important, because he will have the best knowledge of
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when he purchased the Case. As Doskocil notes, Gustin’s answer to the interrogatory indicates
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she is uncertain of the date she received the Case from Law. It is still possible that Law
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purchased it after Plano received the molds from Doskocil, and therefore that Plano
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manufactured the Case.
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If a non-movant shows by affidavit or declaration that it cannot present facts essential to
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the opposition, a court may deny or defer ruling on the motion, allow further discovery, or issue
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any other appropriate order. Fed. R. Civ. P. 56(d)(1)–(3). Doskocil, however, has adduced no
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affidavit or declaration supporting its request for additional discovery, as required by the rule.
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The evidence Doskocil has adduced in opposition does not tend to create a genuine issue of
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material fact over whether Plano manufactured the Case. The sole exhibit adduced is Doskocil’s
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verified second supplement to its answers to Plaintiff’s first set of interrogatories, which does not
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tend to show that Plano manufactured the Case. Nor will Doskocil be prejudiced by the present
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ruling. If Doskocil later discovers evidence tending to show that Plano manufactured the Case, it
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can move for summary judgment on that basis, or at least argue to the jury that it did not
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manufacture the case. The potentially aggrieved party in such a situation would be Plaintiff, but
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Plaintiff, perhaps confident that Doskocil is the proper Defendant, has not opposed Plano’s
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motion.
CONCLUSION
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IT IS HEREBY ORDERED that the Motion for Summary Judgment (ECF No. 52) is
GRANTED.
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IT IS SO ORDERED.
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Dated this 25th day of March, 2015.
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_____________________________________
ROBERT C. JONES
United States District Judge
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