Mancuso
Mancuso v. Southern California Edison Co.
Opinion
Opinion
Croskey, J.
—The defendant and appellant Southern California Edison Company (Edison) appeals a judgment entered in favor of the plaintiff and respondent Anthony Mancuso following the trial court’s summary adjudication of the issue of liability and a jury verdict as to damages. Plaintiff’s damages arose from the destruction of his business by a fire caused by an excessive amount of electrical current conducted to plaintiff’s premises through Edison’s facilities. Although it is undisputed that the excessive electrical current was the result of a lightning strike upon Edison’s facilities, the trial court determined that Edison was liable to plaintiff, as a matter of law, on a product liability theory. As we conclude that lightning generated electricity is not a “product” for purposes of strict liability, we hold that the trial court’s determination was erroneous. We therefore reverse the judgment and remand for further proceedings.
Factual and Procedural Background
Plaintiff owned and operated an upholstery and furniture shop in Torrance, California. He conducted his business in a wood building which measured approximately 30 feet by 30 feet and was routinely stocked with such items…