Dorado

Plaintiff appeals from a summary judgment in favor of defendant Knudsen Corporation in his action for damages for personal injuries. The complaint contained four causes of action. All of them grew out of an accident suffered by plaintiff in the course of his employment delivering dairy products for Todds Food Company. The complaint alleged that “plaintiff was employed by Todd’s Food Company, a corporation,” and in the course of such employment was handling plastic crates (containing dairy products) which the defendants, including defendant Knudsen, were engaged in “manufacturing, designing, assembling, constructing, building, installing, creating, furnishing, selling, distributing, maintaining, operating, inspecting, supervising and otherwise controlling.... ” The first cause of action charged that the crates were “in a dangerous, defective and unsafe condition” which caused plaintiff injury. The second, third and fourth causes of action alleged that defendants expressly or impliedly warranted that the crates were “sound, sturdy, and reasonably safe and suitable for the purpose intended,” and that plaintiff’s injuries resulted from the breach of that warranty.

Knudsen’s…