Jimenez

Jimenez v. Superior Court

Good Law
82 Cal. App. 4th 856·98 Cal. Rptr. 2d 587
Court of Appeal of CaliforniaNovember 15, 2000D034723California9,991 words

Opinion

Opinion

McAtee & Harmeyer and Jeff G. Harmeyer, San Diego, for Real Party in Interest Viking Industries, Inc.

Horton & Ryan and William B. Sullivan, San Diego, for Real Party in Interest T.M. Cobb Company.

McDONALD, J.

In this opinion we conclude manufacturers of defective windows installed in mass-produced homes may be subject to strict products liability. In reaching our conclusion, we disagree with the contrary holding in Casey v. Overhead Door Corp. (1999) 74 Cal.App.4th 112 , 87 Cal.Rptr.2d 603 ( Casey) .

Petitioners Filipina and Nestor Jimenez (Plaintiffs) filed a petition for a peremptory writ of mandate and/or prohibition seeking reversal of the trial court's orders granting the summary adjudication motions of Real Parties in Interest T.M. Cobb Company (Cobb) and Viking Industries, Inc. (Viking, and together with Cobb, Defendants). [1] Plaintiffs contend the trial court erred by relying on Casey to conclude that as a matter of law Defendants, who manufactured allegedly defective windows installed in Plaintiffs' home, were not subject to strict products liability. We grant the petition.

Plaintiffs own a home in the Galleria subdivision of 82 single family homes in the Scripps…

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