United States District Court, M.D. Florida, Tampa Division
PHYLLIS B. CERRATO and GERMAN CERRATO, Plaintiffs,
NUTRIBULLET, LLC and CAPITAL BRANDS, LLC, Defendants.
C. BUCKLER UNITED STATES DISTRICT JUDGE.
cause comes before the Court on Defendants' Motion for
Summary Judgment. (Doc. No. 51). Plaintiffs oppose the
motion. (Doc. No. 58). As explained below, the motion is
Standard of Review
judgment is appropriate “if the movant shows that there
is no genuine dispute as to any material fact and the movant
is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). The Court must draw all inferences from
the evidence in the light most favorable to the non-movant
and resolve all reasonable doubts in that party's favor.
See Porter v. Ray, 461 F.3d 1315, 1320 (11th Cir.
2006)(citation omitted). The moving party bears the initial
burden of showing the Court, by reference to materials on
file, that there are no genuine issues of material fact that
should be decided at trial. See id. (citation
omitted). When a moving party has discharged its burden, the
non-moving party must then go beyond the pleadings, and by
its own affidavits, or by depositions, answers to
interrogatories, and admissions on file, designate specific
facts showing there is a genuine issue for trial. See
id. (citation omitted).
Phyllis and German Cerrato bought Defendants' Nutribullet
Pro 900 blender on December 20, 2014. Once home, Mrs. Cerrato
unboxed the blender in order to make a smoothie. She placed
ingredients inside the blender cup, and turned the blender
on. Once the ingredients reached her desired consistency, she
attempted to turn the blender off, but she was unable to do
blender does not have an “on/off” switch.
Instead, the blender consists of a cup that holds the
ingredients to be blended, a lid that contains the blending
blades, and a base that contains the motor. When the cup is
twisted into the base, the motor turns on; when the cup is
twisted off the base, the motor turns off.
Mrs. Cerrato was unable to twist the cup off and stop the
motor, she unplugged the blender to make it stop. She then
waited approximately twenty minutes for it to cool down
before trying to open it. When Mrs. Cerrato tried to open the
lid, the contents inside the cup exploded, severely burning
her and causing property damage to her kitchen.
directions that came with the blender provide the following
information about how to blend items after putting
ingredients into the blender cup and attaching the lid to the
Press the vessel blade side-down onto the Power Base and
extract for no longer than 1 minute. If more extraction is
needed, wait 1 minute, then repeat the extraction process in
1 minute intervals up to 3 times as needed to achieve the
desired consistency. If more than 3 1-minute extractions are
needed, allow the power base to cool for 2-3 minutes after
the third extraction before beginning the next round.
(Doc. No. 26-1, p. 4). The directions also contained a page
titled, “IMPORTANT SAFEGUARDS AND CAUTIONARY
INFORMATION, ” and it provided the following pertinent
• Never allow the motor to run for more than
one minute at a time, as it can
cause permanent damage to the motor. If the motor stops
working, unplug the Power Base and let it cool for an hour
before attempting to use it again. Your
NUTRIBULLET has an internal thermal breaker
that shuts off the unit when it overheats. . . .
• Never leave the NUTRIBULLET
unattended while it is in use.
(Doc. No. 26-1, p. 2). Finally, the blender itself has the
following warning printed directly on the motor base:
“Do not operate continuously for more than ...