Salazar
Salazar v. Southern Cal. Gas Co.
Opinion
Opinion
Spencer, J.
Introduction
Plaintiffs Antonio Salazar, his wife Maria Salazar, and their children, Omar, Cesar, Henry, Sonia, Carla, Mayra and Lillian Salazar, appeal from a summary judgment in favor of defendant Southern California Gas Company. Defendant also appeals from the summary judgment insofar as the trial court found plaintiffs’ action was not barred by the statute of limitations.
Statement of Facts
On January 20, 1992, plaintiff Antonio Salazar (hereafter plaintiff) was burned in a flash fire. He was working in his garage, spraying metal parts with a spray can of carburetor cleaner; an open, five-gallon can of gasoline was next to him. He was standing approximately four feet from a water heater, which was located in the garage. The fire occurred when vapors from the carburetor cleaner or gasoline were ignited by the pilot light on the water heater.
Plaintiff rented the garage and a guest house, in Sun Valley, from their owner, Kenneth Battson (Battson). Battson had installed the water heater about 10 years earlier. It was elevated only two to three inches off the floor of the garage. Plaintiff was aware of its elevation and the fact it had a pilot light.