Robbie Bispo v. Robertshaw Controls Company

MEMORANDUM

Plaintiff Robbie D. Bispo (“Bispo”) appeals the district court’s award of summary judgment to defendant Robertshaw Controls Company (“Robertshaw”) on Bis-po’s claims of strict products liability and failure to warn. Bispo was severely injured when he unwittingly ignited a large quantity of propane gas that collected in his basement after the rubber seal on a valve in his hot water heater became displaced. Robertshaw manufactured the valve.

(1) Bispo first argues that the district court erred in concluding that a reasonable jury would necessarily find that the benefits of Robertshaw’s valve design outweighed the risks. In a strict products liability claim in California, a prima facie showing that the product’s design caused the injury shifts the burdens of production and proof to the defendant regarding risk-benefit. Barker v. Lull Engineering Co., 20 Cal.3d 413, 431-32 , 143 Cal.Rptr. 225 , 573 P.2d 443 (Cal.1978).

Here, there was undisputed evidence that Robertshaw’s valve included a rubber seal ; that the rubber seal on Bis-po’s water heater was designed in a manner that allowed it to become displaced under high pressure; and that the displacement of the rubber…