Pena

Pena v. W. H. Douthitt Steel & Supply Co.

Good Law
179 Cal. App. 3d 924·1986 Cal. App. LEXIS 1448·225 Cal. Rptr. 76
Court of Appeal of CaliforniaApril 8, 1986D000797California2,992 words

Opinion

Opinion

Wiener, J.

In April 1977 plaintiff Luis Pena, Jr., was seriously injured at the Meloland Feed Company in El Centro where he worked when his right leg and left arm were pulled into a worm gear conveyor and auger used to convey grain and other feed to cattle and other livestock. On March 20, 1978, Pena filed this action against several defendants seeking damages for his personal injuries on theories of strict liability, negligence and breach of warranty. Shortly before trial in March 1983 five defendants successfully moved for summary judgment: Houdaille Industries, Inc. (Houdaille), McDonald Mill Supply (McDonald), Douthitt Steel and Supply Company, Inc. (Douthitt), Fito Yturralde and Danny Dannenberg Farms, a division of California Farm Exchange, Inc. (Dannenberg). Pena appeals the judgments. We reverse as to Houdaille and McDonald and affirm as to Douthitt, Yturralde and Dannenberg.

Discussion

Before discussing each judgment we state certain general principles which govern our analysis.

In deciding a summary judgment motion the trial court must determine whether “all the papers submitted show that there is no triable issue as to any material fact and that the moving party is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.