SEVILLA v. STEARNS-ROGER, INC.

Docket No. 18728.

101 Cal.App.3d 608 (1980)

161 Cal. Rptr. 700

VICTOR SEVILLA et al., Plaintiffs and Appellants, v. STEARNS-ROGER, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

January 30, 1980.


Attorney(s) appearing for the Case

COUNSEL

Ronald L.M. Goldman and Sheila Walsh Hoff for Plaintiffs and Appellants.

McInnis, Fitzgerald, Rees & Sharkey, Noel M. Allen, Boggust & Rollins and Joseph Zimmerman for Defendants and Respondents.


OPINION

BROWN (Gerald), P.J.

Victor Sevilla was injured while repairing a large "pan" used by his employer to boil syrup in the sugar refinement process. Within a year Sevilla sued the designer (Stearns-Roger) and manufacturer (General Iron Works) of the "pan," alleging the apparatus was defective and unsafe for its intended use. The defendants moved for summary judgments, arguing solely the action was barred by Code

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