Pereira

Pereira v. Dow Chemical Co.

Good Law
129 Cal. App. 3d 865·181 Cal. Rptr. 364·1982 Cal. App. LEXIS 1377
Court of Appeal of CaliforniaMarch 19, 1982Civ. 46210California2,844 words

Opinion

Opinion

Levins, J.

Plaintiffs Richard Pereira and Marlene Pereira, his wife, appeal from orders granting summary judgments in favor of the various defendants in an action to recover damages for personal injuries for permanent, severe kidney disorder sustained by Richard Pereira and for his wife’s attendant loss of consortium. Both plaintiffs sought to recover against Dow Chemical Company, Inc. (Dow), as producer of DER 599; General Mills Chemical, Inc. (General), as distributor of GenEpoxy 190; Central Solvents & Chemicals Co. (Central), as distributor of methylene chloride; and E. I. du Pont de Nemours & Company (du Pont), as producer of MOCA. Plaintiffs pled causes of action in strict liability, negligence, and implied warranty with respect to the manufacture, sale, distribution and use of certain chemical products which were used at Richard’s place of employment.

On April 6, 1978, and September 7, 1978, the superior court filed its orders granting motions for summary judgment. The court found that no disputable issue of fact existed and that the causes of action asserted were barred by the statute of limitations. The present appeal followed denial of a motion for a new trial.

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