Romito
Romito v. Red Plastic Co.
Opinion
Opinion
Ortega, J.
If the technological means exist, must a manufacturer improve its product to guard against injuries resulting from unforeseeable and accidental product misuse in order to stave off potential tort liability? We conclude as a matter of policy that despite the means to build a safer product, a manufacturer owes no duty to prevent injuries resulting from unforeseeable and accidental product misuse. We affirm summary judgment for the defendant manufacturer of a plastic skylight which lacked sufficient impact strength to bear the weight of a falling person.
Background
This appeal involves a wrongful death action. On April 11,1989, decedent Edward Romito, age 63, was employed as a journeyman electrician at the Santa Anita Race Track. Romito, who had 36 years of experience as an electrician, was removing television cables and wires that had been draped over the flat roof of the 4-story Club Court building. The roof was not open to the public and was separated from an abutting terrace by a low wall. The roof contained a row of plastic skylights manufactured by defendant Red Plastic Company, Inc., doing business as Dur-Red Products.