Filipina JIMENEZ et al., Petitioners,
v.
The SUPERIOR COURT of San Diego County, Respondent;
T.M. Cobb Company et al., Real Parties in Interest.
Supreme Court of California.https://leagle.com/images/logo.png
December 4, 2002.
Rehearing Denied January 22, 2003.
Attorney(s) appearing for the Case
Niddrie & Hegemier, David A. Niddrie; Eppsteiner & Associates, Stuart M. Eppsteiner, San Diego, and Neal A. Markowitz, for Petitioners.
Anderson & Kriger and Mary M. Best, Temecula, for William E. Casey et al., as Amici Curiae on behalf of Petitioners.
Reed Elliott Creech & Roth, John W. Elliott and Thomas A. Elliott, San Jose, for Orchard Glen Venture, Eagle Square Partners, Prometheus Income Partners, Benton Park and Kensington-Fair Oaks Associates Joint Venture as Amici Curiae on behalf of Petitioners.
No appearance for Respondent.
McAfee Harmeyer, Jeff G. Harmeyer, Greg A. McAtee and Robert J. Hudock for Real Party in Interest Viking Industries, Inc.
Horton & Ryan, Sullivan & Christiani, William B. Sullivan and Toni L. Christiani, San Diego, for Real Party in Interest T.M. Cobb Company.
Acker, Kowalick & Whipple, Los Angeles, and Brian F. Drazich for Premier Window Products Corporation and Guaranteed Products Corporation as Amicis Curiae on behalf of Real Parties in Interest.
Monteleone & McCrory, William J. Ingalsbe and G. Robert Hale, Santa Ana, for Southern California Ready Mixed Concrete Association as Amicus Curiae on behalf of Real Parties in Interest.
Sieving & DeMund, Sieving & Momjian, Richard N. Sieving and Julie P. Momjian, Sacramento, for Jeld-Wen, Inc., as Amicus Curiae on behalf of Real Parties in Interest.
McCutcheon, Doyle, Brown & Enersen, Michael I. Begert, Frank Kennamer and Todd A. Williams, for Louisiana-Pacific Corporation as Amicus Curiae on behalf of Real Parties in Interest.
Summers & Shives, San Diego, and Robert V. Closson, for Professional Association of Specialty Contractors as Amicus Curiae on behalf of Real Parties in Interest.
Sullivan Wertz McDade & Wallace and John S. Moot, San Diego, for Overhead Door Corporation as Amicus Curiae on behalf of Real Parties in Interest.
Cooper, White & Cooper, Kathleen F. Carpenter, Alan H. Packer, San Francisco, and Derek A. Ridgway, Oakland, for California Building Industry Association as Amicus Curiae.
Supreme Court of California.
KENNARD, J.
In California, a manufacturer, distributor, or retailer of a defective product is strictly liable in tort for any resulting harm to a person or to property other than the product itself. This case presents two issues: (1) Can a manufacturer of windows installed in a mass-produced home during its construction ever be strictly liable in tort for harm resulting from defects in those windows? (2) If so, is that manufacturer strictly liable in tort for...
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