Alameda Tank Co. v. Starkist Foods, Inc.

In 1976 Navario Ayala, and his wife Virginia, sued Alameda Tank Company (Alameda) alleging that, while in the employ of Starkist Foods (Starkist), he was seriously injured because his arm was caught in an unguarded sprocket wheel of a conveyor system, manufactured by Alameda for Starkist. Alameda answered, denying liability and filed a cross-complaint against Starkist, seeking indemnification. Starkist’s demurrer to the fourth amended cross-complaint was sustained; Alameda stood on its pleading and an order of dismissal followed from which Alameda has appealed; we affirm.

The parties apparently agree that the absence of a security guard violated applicable safety orders and that Ayala is entitled to worker’s compensation from Starkist for his injuries. Alameda’s position is that it entered into an oral contract with Starkist to manufacture the conveyor system according to written plans provided by Starkist, that those plans did not include any safety guard, and that Starkist had agreed to install the system as manufactured by Alameda, providing any and all necessary auxiliary and safety equipment. Alameda’s case is set forth in eight causes of action in its fourth…