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LUTI v. GRACO, INC.

Docket No. G000498.

170 Cal.App.3d 228 (1985)

215 Cal. Rptr. 902

JOHN LUTI, SR., Plaintiff and Appellant, v. GRACO, INC., et al., Defendants and Respondents.

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

July 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

Rose, Klein & Marias and Jerrold A. Bloch for Plaintiff and Appellant.

Kinkle, Rodiger & Spriggs, Gayle K. Tonon, Douglas Amo, Pachter, Gold & Schaffer, Mark E. Joseph, M. Maila Putnam, Janoff, Karpel & Cowan and Paul Cowan for Defendants and Respondents.

OPINION

CROSBY, J.

(1a) We find an inference of prejudice sufficient to support the superior court's dismissal of this products liability action, which went unserved for almost three years, under the two-year discretionary statute (former Code Civ. Proc., § 583, subd. (a)).1

I

On April 24, 1979, John Luti suffered a severe hand injury from an airless paint spray gun...

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