Thomas
Thomas v. Makita, U.S.A., Inc.
Opinion
Lead Opinion
Kingsley, J.
*991 Opinion
Plaintiff and appellant, Andrew Thomas, sued Makita, U.S.A., Inc., defendant and respondent, and a number of other defendants for damages for personal injuries incurred while using a hand-held electrical grinder manufactured by respondent. The court below granted respondents’ motion for summary judgment on the grounds that no triable issues remained. The court held the request for admissions had been deemed admitted and appellant was not entitled to relief from default. Appellant appeals from the judgment.
Appellant was a laborer for S & W Pipeline, a subcontractor to Kaufman and Broad, the general contractor for a tract of housing in Pomona. Appellant was using a Makita hand-held electrical grinder to prepare a section of pipe. He plugged the grinder into a temporary electrical outlet installed by Hamilton Electrical Maintenance. As a result of miswiring of the electrical outlet, voltage in excess of the grinder’s design capacity caused the grinding wheel to rotate at excessive speed, fly into fragments, and hit appellant’s leg. Appellant claimed the negligent installation of the electrical outlet proximately caused his injury. Appellant sued respondent for…