Lundell
Lundell v. Sidney MacHine Tool Co.
Opinion
Opinion
Hanson, J.
Introduction
This product liability case arises out of an accident occurring on November 18, 1981, when plaintiff Dan Lundell (plaintiff and/or Lundell), while in the course of his employment, received injuries to his hand while operating a lathe.
Procedural History
On November 3, 1982, Lundell filed a complaint containing three causes of action (strict liability, negligence, breach of warranty) seeking damages for his injuries. The complaint names as defendant Sidney Machine Tool Company, a corporation.
On February 18, 1983, the amended answer to the complaint was filed by “John H. Sherbondy and Mary M. Sherbondy dba Sidney Machine Tool Company (erroneously sued and served on Sidney Machine Tool Company)” —(hereinafter defendants and/or the Sherbondys).
On August 15, 1985, following discovery, the Sherbondys filed a motion for summary judgment pursuant to Code of Civil Procedure section 437c along with a memorandum of points and authorities accompanied by a declaration of John H. Sherbondy and accompanied by a separate statement of undisputed material facts as required by section 437c, subdivision (b). Defendants’ motion argued that they are not liable as successor…