Sanchez
Sanchez v. Hitachi Koki, Co.
Opinion
Opinion
Manella, J.
INTRODUCTION
Andres Sanchez, and his wife, Blanca Perez, appeal from a judgment following an order granting summary judgment in favor of respondents Hitachi Koki, Co., Ltd., and Hitachi Koki U.S.A., Ltd. Appellants contend the superior court erred in determining that respondents, who manufactured a grinder, were not liable for personal injuries resulting from Sanchez’s use of the grinder with a saw blade manufactured by a third party. We conclude the California Supreme Court’s recent decision in O’Neil v. Crane Co. (2012) 53 Cal.4th 335 [ 135 Cal.Rptr.3d 288 , 266 P.3d 987 ] (O’Neil) resolves the instant matter in favor of respondents. Accordingly, we affirm.
STATEMENT OF THE FACTS
At the time of the underlying accident, Sanchez drove and maintained trucks for his employer. On September 16, 2009, Sanchez was attempting to cut a tire to make a motor mount to fix one of his employer’s trucks. Sanchez initially attempted to cut the tire using his own four-inch grinder, but the grinder became stuck in the rubber of the tire. Sanchez then went to a Roadside Lumber & Hardware store to purchase a bigger grinder. At the hardware store, he purchased a Hitachi grinder and a…