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ISLAS v. D & G MFG. CO., INC.

No. B165491.

15 Cal.Rptr.3d 559 (2004)

120 Cal.App.4th 571

Keyn Hernandez ISLAS, Plaintiff and Appellant, v. D & G MANUFACTURING COMPANY, INC., Defendant and Respondent.

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

Rehearing Denied July 28, 2004.

Attorney(s) appearing for the Case

Blumberg Law Corporation, Ave Buchwald and John P. Blumberg, Long Beach, for Plaintiff and Appellant.

Evans, Brizendine & Silver and William D. Evans, Long Beach, for Defendant and Respondent.

CURRY, J.

In a personal injury action by appellant Keyn Hernandez Islas, the trial court determined as an issue of preliminary fact that Islas was not injured by a "power press" within the meaning of Labor Code section 4558, and subsequently entered an order dismissing Islas's action. We reverse.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

On October 30, 2001, Islas filed a complaint for personal injury against National Sheet Metal Machines, Inc....

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