Black v. Pride Mobility Products Corporation

Filing 49

MINUTE ORDER denying Plaintiff's 40 Motion for Judgment on the Pleadings and granting Plaintiff's unopposed 42 Motion to Amend Complaint. Authorized by Judge Thomas S. Zilly. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LEA BLACK,
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Plaintiff,
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C15-2008 TSZ

v.
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PRIDE MOBILITY PRODUCTS
CORPORATION, et al.,
Defendants.

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MINUTE ORDER

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Plaintiff’s motion for judgment on the pleadings, docket no. 40, is
13 DENIED. This Court cannot decide as a matter of law, if Pride branded the product
pursuant to RCW 7.72.040(2) at this time. The affirmative defenses of failure to join a
14 necessary party and apportionment of fault are available to a defendant in the context of
negligence claims under RCW 7.72.030(1). See Hiner v. Bridgestone/Firestone, Inc.,
15 138 Wn. 2d 248, 978 P.2d 505 (1999). This Court declines to convert this 12(c) motion
into a summary judgment motion because whether plaintiff is a product seller under
16 RCW 7.72.010(1) must await summary judgment.
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(2)
Plaintiff’s unopposed motion to amend their complaint, docket no. 42, is
GRANTED.

(3)
19 record.
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 27th day of January, 2017.
William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 1