Schwoerer

Plaintiff Michael Schwoerer (plaintiff) appeals from a judgment of dismissal entered after the trial court granted summary judgment in favor of defendants Union Oil Company of California (Union), Ashland Chemical, Inc. (Ashland), E. R. Vine & Co. (Vine), and Ebbetts Pass Gas Service (Ebbetts). Plaintiff’s action is based on injuries allegedly caused by inhalation of and dermal contact with a solvent manufactured and/or distributed by defendants. Plaintiff alleges that as a result of his exposure to the solvent, he now suffers from multiple physical ailments, including permanent liver damage.

As against the defendants involved in this appeal, plaintiff’s complaint pleads two legal theories of liability: strict liability and breach of warranty. The complaint alleges several distinct acts upon which liablity is predicated but the summary judgment proceedings focused on the claim defendants failed to provide adequate warnings of the dangers posed by use of their product.

On appeal, plaintiff argues there is a triable issue of fact concerning adequacy of the warnings provided by defendants with regard to the potential risks to health associated with unprotected exposure to…