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Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.

December 22, 2015 by

Summary Judgment Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen. Each of the plaintiffs was diagnosed with acute myelogenous leukemia allegedly caused by exposure to the solvent. Defendant brought a motion for summary judgment based on the raw material or component parts doctrine which shields a supplier from liability “caused by the furnished product into which the component has been incorporated unless the component itself was defective and caused harm,” citing O’Neil v. Crane Co. (2012) 53 Cal.4th 335 [135 Cal.Rptr.3d 288, 266 P.3d 987]. The trial court granted the motion, and the Court of Appeal reversed because defendant did not make a showing its product is not inherently dangerous. (Brady v. Calsol, Inc. (Cal. App. Second Dist., Div. 8; October 31, 2015) 241 Cal.App.4th 1212 [194 Cal.Rptr.3d 243].)

Filed Under: Appellate Law News, Legal News, Negligence Law News, Product Liability Law News, Summary Judgment Law News Tagged With: 135 Cal.Rptr.3d 288, 194 Cal.Rptr.3d 243, 241 Cal.App.4th 1212, 266 P.3d 987, 53 Cal.4th 335

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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