Crawford

Crawford v. Weather Shield Mfg., Inc.

Good Law
136 Cal. App. 4th 304·2006 Cal. App. LEXIS 133·2006 Daily Journal DAR 1359·38 Cal. Rptr. 3d 787·2006 Cal. Daily Op. Serv. 992
Court of Appeal of CaliforniaJanuary 31, 2006G032301California33,737 words

Opinion

Opinion

This appeal by a window manufacturer in a construction defect case involves three major issues.

The first issue is whether the trial judge abused his discretion in granting a partial new trial motion so as to allow a previously and erroneously dismissed strict liability claim against a window manufacturer to go forward. Here are the skeletal facts: Prior to a jury trial against a window manufacturer by a group of homeowners, two Court of Appeal decisions had precluded strict products liability claims against manufacturers of component parts for mass-produced homes. ( La Jolla Village Homeowners' Assn. v. Superior Court (1989) 212 Cal.App.3d 1131 , 261 Cal.Rptr. 146 ; Casey v. Overhead Door Corp. (1999) 74 Cal.App.4th 112 , 87 Cal.Rptr.2d 603 .) The window manufacturer strenuously argued that no strict liability claim against it should go to the jury. The trial judge, following those two appellate decisions, agreed.

However, after the jury's verdict, the Supreme Court ruled that strict liability claims could indeed be asserted against manufacturers of component parts for mass-produced homes. ( Jimenez v. Superior Court (2002) 29 Cal.4th 473 , 127 Cal.Rptr.2d 614 , 58…

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