Reyes-Gonzalez

INTRODUCTION

For 15 years Gustavo Reyes-Gonzalez fabricated and installed natural and artificial stone countertops in Southern California residences. He claims that, as a result of exposure to respirable crystalline silica (a fine dust generated while cutting and polishing artificial stone products), he developed a serious lung disease called silicosis. Reyes-Gonzalez has received a double lung transplant; he anticipates he will need substantial medical support for the rest of his life. Reyes-Gonzalez filed this action against 46 defendants (manufacturers, importers, and distributors of natural and artificial stone products), one of whom was C & C North America, Inc., a distributor. Reyes-Gonzalez asserted causes of action for negligence, strict products liability (design defect and failure to warn), and fraudulent concealment. C & C filed a motion for summary judgment or in the alternative for summary adjudication. C & C argued it was entitled to summary adjudication on all causes of action (and therefore summary judgment) because three affirmative defenses shielded C & C from liability: Reyes-Gonzalez was a sophisticated user of artificial stone products; Reyes-Gonzalez’s…