Uriarte

I. Introduction

Respondent Heriberto Uriarte sued his employer, appellant United States Pipe and Foundry Company, and three other defendants for personal injuries suffered by him as a result of a 1992 plant accident involving a power press (or core-making machine) he was operating. Only one cause of action was stated against appellant. It was based on Labor Code section 4558 (section 4558), which provides an exception to the workers’ compensation exclusive remedy rule in certain cases involving the noninstallation of power press guards. Appellant moved for and was granted summary judgment on the basis that a section 4558 right of action was unavailable here because, inter alia, a guard was not available for the model of machine in question. However, several months later, alleging newly discovered and highly relevant evidence, respondent moved for and was granted relief from this judgment under Code of Civil Procedure section 473 (section 473). Appellant appeals from that order. We affirm it.

II. Factual and Procedural Background

On July 20, 1992, respondent’s right hand was badly injured in an accident on a power press he was operating at appellant’s Union City…