Morson

This coordinated proceeding involves a number of plaintiffs who have filed similar products liability complaints for damages, claiming a number of defendants manufactured or distributed defective products, i.e., latex gloves that the plaintiffs used in their work, that allegedly contained chemical substances (including latex and/or other substances) that were of a toxic nature, and that were causative factors in the development of the plaintiffs’ latex allergies.

This writ proceeding arose in response to a general order made by the trial court restricting Plaintiffs from seeking jury instructions pursuant to the consumer expectations test of design defect enunciated in Barker v. Lull Engineering Co. (1978) 20 Cal.3d 413 [ 143 Cal.Rptr. 225 , 573 P.2d 443 , 96 A.L.R.3d 1 ] (Barker), as applied to “claims of allergic/anaphylactic reactions caused by proteins that are endemic to natural rubber latex gloves.” This order was originally made in the McGinnis related case and, after further briefing and offers of proof, was extended to the remaining coordinated cases to provide guidance to the trial courts that would eventually receive the coordinated actions on remand for…