Mora
Mora v. Hollywood Bed & Spring
Opinion
Opinion
Croskey, J.
Salvador Mora appeals a summary judgment in favor of his former employer, Hollywood Bed & Spring (Hollywood Bed), and its president, Larry Harrow. Mora sued defendants for damages after a power press machine crushed his arm. He alleges that the machine lacked an adequate guard to protect against injury at the point of operation. He seeks damages pursuant to Labor Code section 4558, which authorizes an employee’s action against an employer for personal injuries caused by the employer’s knowing removal of or failure to install a point of operation guard on a power press if certain conditions are met. Mora contends there are triable issues of fact as to whether the statutory conditions are satisfied. We conclude that he has shown no prejudicial error and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. Factual Background
Hollywood Bed manufactures metal bedframes, bedrails, rollaway beds, and similar products and parts. Hollywood Bed uses several power press machines in its operations, including three machines of different sizes manufactured by The Minster Machine Company (Minster), a model 5, a model 6, and a model 7. A power press shapes material by pressing it…