Blackwell
Blackwell v. Phelps Dodge Corp.
Opinion
Opinion
Lillie, J.
In this action to recover damages for personal injuries, plaintiffs appeal from judgment of dismissal entered in favor of defendant Phelps Dodge Corporation following the granting of defendant’s motion for summary judgment.
Named as defendants, in addition to Phelps Dodge, were Union Tank Car Company and McKesson Chemical Company. The complaint contained three causes of action on behalf of each plaintiff. The first cause of action alleged in pertinent part: “That on or about the 15th day of April, 1980, defendants and each of them operated, owned, maintained, managed, worked on, constructed, controlled, supervised and had custody of the premises known as the McKesson Chemical Company, located at Santa Fe Springs, California, [t] That at said time and place defendants and each of them as above mentioned, controlled, managed and supervised said premises in such a negligent manner so as to proximately cause and permit a tank car to have pressure blowout, blowing sulphuric acid on the plaintiff, so as to proximately thereby cause plaintiff severe personal injuries . . . .” The second cause of action alleged: “That at all times mentioned herein, defendants and each of them…