Loomis v. Amazon.com LLC

63 Cal. App. 5th 466, 277 Cal.Rptr.3d 769 (2021)

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Loomis v. Amazon.com LLC

California Court of Appeal
63 Cal. App. 5th 466, 277 Cal.Rptr.3d 769 (2021)

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Facts

Kisha Loomis (plaintiff) ordered a hoverboard from Amazon.com LLC (Amazon) (defendant). Although the hoverboard was purchased through Amazon’s online marketplace, it was sold by Chinese company TurnUpUp and shipped by Forrinx Technology (USA), Inc. (Forrinx) (defendant). Loomis had no contact with TurnUpUp or Forrinx. Instead, Loomis interacted exclusively with Amazon regarding both payment and questions about delivery. Before remitting Loomis’s payment to TurnUpUp, Amazon deducted its usual fees, including a referral fee for connecting sellers with consumers. While the hoverboard was charging in Loomis’s bedroom, it caught fire. Loomis sustained injuries to her hand and foot while putting it out. She filed a strict-products-liability suit against Forrinx, Amazon, and multiple unidentified parties (defendants). Amazon moved for summary judgment, arguing that because it was not the hoverboard’s manufacturer or seller, it was not liable. The trial court granted Amazon’s motion, and Loomis appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Ohta, J.)

Concurrence (Wiley, J.)

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