Saldana

Saldana v. Globe-Weis Systems Co.

Good Law
1991 Cal. App. LEXIS 1034·233 Cal. App. 3d 1505·285 Cal. Rptr. 385·91 Daily Journal DAR 11218·56 Cal. Comp. Cases 577
Court of Appeal of CaliforniaSeptember 10, 1991No. F013629California4,417 words

Opinion

Lead Opinion

Buckley, J.

Statement of the Case

Plaintiff Yolanda Saldana (Saldana) appeals from summary judgment granted in favor of defendant Globe-Weis Systems Co. (Globe-Weis) from a complaint alleging damages in personal injury and premises liability.

In August 1985, Saldana was employed by Globe-Weis as a punch press operator when her hand caught in the punch press resulting in the surgical amputation of four fingers. The press she was using was a Rouselle manufactured punch press originally equipped with a manufacturer-provided two-hand controlled button point of operation guard and a foot switch. In 1980, the Occupational Safety and Health Administration (OSHA) cited GlobeWeis for a dangerous condition concerning the point of operation guard. Globe-Weis was ordered to install brake monitors or a positive protection point of operation device. It is disputed between the parties whether GlobeWeis installed a fixed barrier guard, which was later approved by OSHA, and then removed the fixed guard, replacing it with a Possons pull-back guard. It is undisputed that a Possons pull-back safety device was in place at the time of the accident.

Saldana filed a complaint against Globe-Weis alleging…

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