Martinez vs. Southland Staffing

Stephen Smith obtain summary judgment in favor of our client in Martinez vs. Southland, a case that involved a case of extensive amputation injuries to plaintiff Bertina Martinez' right major hand arising out of a punch-press accident. Plaintiff sued Heim Corporation, which had purchased the assets of Liberty's insured, Rouselle Corporation. Although Heim was in the business of manufacturing punch presses, the subject punch press was manufactured by Rouselle. Per the asset purchase agreement, all liabilities relating to presale punch presses remained with Rouselle. Our motion for summary judgment was premised upon 1) there being no assumption of Rouselle's liabilities by Heim; and 2) Rouselle's liabilities could not be judicially imposed upon Heim because Rouselle was an active corporation from which plaintiff could have sought recovery. Parenthetically, we timed the disclosure of the factual basis of our motion such that the statute of limitations had already expired with regard to Rouselle.