United Pacific Insurance v. Southern California Edison Co.

Good Law
163 Cal. App. 3d 700·1985 Cal. App. LEXIS 1529·209 Cal. Rptr. 819
Court of Appeal of CaliforniaJanuary 15, 1985Docket Nos. 69551, B001532California4,453 words

Opinion

Opinion

Willard, J.

This litigation results from a disastrous fire in the Sycamore Canyon area of Santa Barbara on July 26, 1977. Approximately 200 homes were destroyed and a number of people were injured. Appellants are homeowners and insurance companies subrogated to the rights of the homeowners. Southern California Edison Company hereafter is identified as Edison. Numerous actions were consolidated for trial and the issue of liability tried first over a period of 25 trial days. Over objection by appellants, causes of action alleging liability for defective products were not submitted to the jury. On the issue of liability for negligence the jury returned a general verdict in favor of Edison. Appellants’ motion for a new trial was denied. The appeal is from the judgment entered in favor of Edison. Edison also appeals from a pretrial summary judgment in favor of General Telephone Company of California on Edison’s contingent cross-complaint for indemnity.

Issues

The two appeals question six rulings of the trial court:

We hold that the products liability doctrine established in Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 [ 27 Cal.Rptr. 697 , 377 P.2d 897 , 13 A.L.R.3d 1049 ]…

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