ELECTRIC INSURANCE COMPANY v. ELECTROLUX NORTH AMERICA, INC.

Filing 139

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 136 Report and Recommendations, 104 Motion for Summary Judgment, filed by ELECTROLUX NORTH AMERICA, INC., 109 Motion to Strike filed by ELECTRIC INSURANCE COMPANY. Signed by Judge Faith S. Hochberg on 11/17/11. (dc, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ELECTRIC INSURANCE COMPANY, a/s/o
STEVEN BERINGER and PATRICIA
BERINGER,
Plaintiff,
v.
ELECTROLUX NORTH AMERICA, INC.,
Defendant.

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Hon. Faith S. Hochberg, U.S.D.J.
Civil No. 09-3792 (FSH) (MAS)
ORDER

Date: November 17, 2011

HOCHBERG, District Judge:
This matter having come before the Court upon the Report & Recommendation of
Magistrate Judge Shipp [docket # 136] which recommends that this Court “deny Defendant’s
summary judgment motion as to the New Jersey Product Liability Act claim, grant Defendant’s
summary judgment motion as to the Breach of Express Warranty claim, and deny without
prejudice Plaintiff’s cross-motion to strike the improper installation defense;” and Defendant
having filed an objection to the portion of the Report & Recommendation denying Defendant’s
summary judgment motion as to the New Jersey Product Liability Act claim, arguing that the
Magistrate Judge erred in both concluding that “plaintiff can rely on the indeterminate product
defect test” and finding that “there are issues of fact with respect to plaintiff’s ability to satisfy
the two prongs of the test”; and the Court finding that Defendant’s objection is without merit
because Magistrate Judge Shipp properly analyzed the indeterminate product defect test and
concluded that there were genuine issues of material fact as to both prongs of the test; and the

Court having reviewed Defendant’s objection to the Report & Recommendation; and Plaintiff
having not filed an objection to the Report and Recommendation; and this Court having
reviewed de novo the Report and Recommendation; and good cause appearing;
IT IS on this 17th day of November, 2011,
ORDERED that the Report and Recommendation of Magistrate Judge Shipp is
ADOPTED as the opinion of this Court; and it is further
ORDERED that Defendant’s motion for summary judgment [docket # 104] is
GRANTED in part and DENIED in part as stated more fully herein below; and it is further
ORDERED that Defendant’s motion for summary judgment as to Plaintiff’s Breach of
Express Warranty claim is GRANTED; and it is further
ORDERED that Defendant’s motion for summary judgment as to Plaintiff’s New Jersey
Product Liability Act claim is DENIED; and it is further
ORDERED that Plaintiff’s cross-motion to strike Defendant’s improper installation
defense [docket # 109] is DENIED without prejudice.

/s/ Faith S. Hochberg
Hon. Faith S. Hochberg, U.S.D.J.