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BIBBY v. CENTRAL INDUSTRIAL ENGINEERING CO., INC.

Docket No. 68644.

153 Cal.App.3d 871 (1984)

200 Cal. Rptr. 412

LOUIS BIBBY et al., Plaintiffs and Appellants, v. CENTRAL INDUSTRIAL ENGINEERING COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Seven.

March 28, 1984.

Attorney(s) appearing for the Case

COUNSEL

Charles R. Weldon for Plaintiffs and Appellants.

Wells & Barber for Defendant and Respondent.

OPINION

SCHAUER, P.J.

The major issue to be decided in this case is whether plaintiffs have presented a triable issue of material fact based upon the dual capacity exception to the usual exclusivity of the workers' compensation remedy, when they have been unable to controvert evidence that the "product" involved in an industrial accident had not been completed at the time of the accident.

SUMMARY OF FACTS AND PROCEEDINGS...

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