Sylvestre

Sylvestre v. King Manufacturing Co.

Good Law
1967 Cal. App. LEXIS 1847·256 Cal. App. 2d 236·64 Cal. Rptr. 4
Court of Appeal of CaliforniaNovember 21, 1967Civ. 30183California1,508 words

Opinion

Opinion

Stephens, J.

On November 25, 1960, plaintiff was employed as a plumber and was engaged in cleaning out the sewerage system in a residence in Los Angeles County. He was using two chemicals in the operation, each designed to aid in the cleaning. One was manufactured by defendant Super-X Products, Inc., and the other, by defendant King Manufacturing Company (sometimes hereinafter referred to as King). In the effort of plaintiff to relieve the sewerage stoppage, first one brand of cleaner was induced into the line. No result occurring, the second brand was added. When the two combined, a large explosion occurred, damaging the residence and causing severe physical injury to plaintiff.

On November 24, 1961, plaintiff filed his complaint and had summons issued thereon, claiming damages for his personal injuries. Personal service of process was made on Super-X Products, Inc., but plaintiff was unable to obtain personal service of process upon King. Plaintiff had written to the company as far back as August of 1961 at its office in Flint, Michigan, and the letter was neither returned nor answered. Plaintiff continued his efforts to ascertain where defendant King could be found in California. The…

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