Islas
Islas v. D & G Manufacturing Co.
Opinion
Opinion
Curry, J.
In a personal injury action by appellant Keyn Hernandez Islas, the trial court determined as an issue of preliminary fact that Islas was not injured by a “power press” within the meaning of Labor Code section 4558, and subsequently entered an order dismissing Islas’s action. We reverse.
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 2001, Islas filed a complaint for personal injury against National Sheet Metal Machines, Inc. (National) and respondent D & G Manufacturing Company, Inc. (D & G). The complaint alleges that on October 31, 2000, Islas was employed by D & G, and was operating a power press made by National. It further alleges that D & G and National failed to provide proper operation guards on the machine, and as a result, it amputated two of Islas’s fingers. Islas subsequently dismissed his action against National.
Trial was set for November 26, 2002. On October 1, 2002, D & G filed a motion for summary judgment, contending that the machine that injured Islas was not a “power press” within the meaning of Labor Code section 4558, and thus Islas’s action was barred under the exclusive remedy mle of the Workers’ Compensation Act (Lab. Code, § 3600 et…