Mancuso

Mancuso v. Southern California Edison Co.

Good Law
1991 Cal. App. LEXIS 780·232 Cal. App. 3d 88·283 Cal. Rptr. 300·91 Daily Journal DAR 8460·15 U.C.C. Rep. Serv. 2d (West) 49
Court of Appeal of CaliforniaJuly 11, 1991B043903California7,207 words

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…

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