Question
Case # 2 - Frances Hector enteredCedars-SinaiMedicalCenterin Los Angles for a surgical operation on her heart. During the operation, a pacemaker was installed in her.
Case # 2- Frances Hector enteredCedars-SinaiMedicalCenterin Los Angles for a surgical operation on her heart. During the operation, a pacemaker was installed in her. The pacemaker, which was manufactured by American Technology, Inc., was installed by Dr. Kompaniez. The pacemaker was defective causing injury to Ms. Hector. She sued the hospital under the U.C.C. saying they had sold her defective goods. The hospital defended on the grounds that the U.C.C. did not apply since they were not selling goods but a service. What is the legal basis for the Plaintiff's (Hector's) case? What are the legal defenses that could be raised in this case? Explain this defense. Which do you feel should win? Substantiate your answer by legal reasoning. What portions of Article 2 of the U.C.C. would apply? Discuss the legal theory behind your answer.Hector v. Cedars-Sinai Medical Center, 180Cal.App.3d 493, 225Cal.Rptr. 595 (1986)California.
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