Cortez v. MTD Products, Inc.

OPINION AND ORDER RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

BRAZIL, United States Magistrate Judge.

In this Opinion and Order we announce our rulings on the motion for summary judgment that defendants filed on January 23, 1996. For the reasons set forth below, the motion is hereby GRANTED IN PART AND DENIED IN PART.

BACKGROUND

Plaintiff, Juan Cortez, was injured while using a lawn mower that was manufactured by defendant, MTD Products, Inc., and sold by defendant, K Mart Corp. MTD manufactured the lawn mower in question on April 5, 1982. Def s Mot. for Summary Judgment at 12. Plaintiff’s fiance…