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California Court of Appeal Upholds Summary Judgment in Favor of Defendant Pipe Manufacturer in Fatal Product Liability Action
In a recent case, the California Court of Appeal for the Second District upheld a lower court’s grant of summary judgment in favor of a defendant pipe manufacturer on the basis that the plaintiff’s exclusive remedy was through the workers’ compensation system.
In Melendrez et al. v. Ameron International Corp., one of the defendant’s employees, who had been employed with the defendant for nearly 25 years, was authorized to take home pipes that had been rejected at the manufacturing plant so that he could use them for improvements to his patio at home and to create flower pots. Sometime in 2011, the man was diagnosed with mesothelioma, and he unfortunately died one year later.