DeLeon

Is custom-made factory equipment which is safe to use in some locations “defective” because in a particular location its use may bring the operator in contact with an adjacent rotating line shaft built and maintained by the plant owners? In this case the trial court granted a summary judgment in favor of the defendant equipment manufacturer on the theory that the manufacturer was not responsible for choosing the location of the equipment in the fruit processing line; therefore, the equipment, having no inherent defect, could not be the cause of the plaintiff-employee’s injury. We reverse the judgment on both the strict liability and negligence theories urged by plaintiff, there being issues of fact.

In her complaint plaintiff Lucia DeLeon alleged that while acting within the scope of her employment with California Canners and Growers (Cal Can), she was injured when her right arm was traumatically severed by defective equipment negligently designed, constructed, sold, distributed and maintained by respondent Commercial Manufacturing and Supply Company (Commercial.) Our factual statement is taken from the excerpts of depositions attached in support of the motion for…