Tellez-Cordova
Tellez-Cordova v. Campbell-Hausfeld/Scott Fetzger Co.
Opinion
Opinion
Armstrong, J.
This interesting product liability case was decided on demurrer. Plaintiff and appellants are Gill and Francisca Tellez-Cordova, and respondents are Campbell-Hausfeld/Scott Fetzger Company, Fisher Tool Company, and Makita USA. The trial court found that the first amended complaint failed to state a cause of action. We reverse.
Facts
Gill Tellez-Cordova worked as a lamp maker. He cut, sanded, and ground metal parts, working “with and around” mini die grinders, angle head die grinders, straight shaft die grinders, disc grinders, random orbital sanders, and cut-off saws manufactured by respondents. (The complaint identifies each tool by manufacturer, and, for most of the tools, by model number.) He developed interstitial pulmonary fibrosis as a result of exposure to airborne toxic substances produced and released from the metal parts and from the discs, belts, and wheels used on the grinders, sanders, and saws.
As to respondents, the causes of action are negligence, strict liability based on failure to warn, strict liability based on design defect (that the tools lacked exhaust ventilation systems), fraudulent concealment, breach of implied warranty, and (with Mrs.…