William Keith JOHNSON, Plaintiff and Appellant,
v.
AMERICAN STANDARD, INC., Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
April 3, 2008.
April 3, 2008.
Attorney(s) appearing for the Case
Metzger Law Group, Raphael Metzger, Gregory A. Coolidge, Long Beach, and Peter F. Klein, for Plaintiff and Appellant.
Steven G. Ingram and Sharon J. Arkin, Sacramento, for Consumer Attorneys for California as Amicus Curiae on behalf of Plaintiff and Appellant.
Munger, Tolles & Olson, Jeffrey L. Bleich, Kathleen M. McDowell, Paul J. Watford, Blanca Fromm Young and Aimee Feinberg, San Francisco, for Defendant and Respondent.
Hugh F. Young, Jr.; Martin, Bischoff, Templeton, Langlset & Hoffman, Jonathan M. Hoffman; Drinker Biddle & Reath and Alan Lazarus, San Francisco, for Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Respondent.
Horvitz & Levy, David M. Axelrad, Mary-Christine Sungaila, Encino; National Chamber Litigation Center, Inc., and Robin S. Conrad, for Chamber of Commerce of the United States of America, American Chemistry Council, American International Companies, ExxonMobil Corporation, The Farmers Insurance Group of Companies and Honeywell International, Inc., as Amici Curiae on behalf of Defendant and Respondent.
Duane Morris, Robert L. Byer, Paul J. Killion and Kathryn K. Schutz, San Francisco, for FLSMIDTH, Inc., as Amicus Curiae on behalf of Defendant and Respondent.
Supreme Court of California.
CHIN, J.
This product liability action raises a question of first impression in California; i.e., whether we should adopt the "sophisticated user" doctrine and defense to negate a manufacturer's duty to warn of a product's potential danger when the plaintiff has (or should have) advance knowledge of the product's inherent hazards. The defense is specifically applied to plaintiffs who knew or should have known of the product's hazards, and it acts as an exception to...
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