Casey

Casey v. Overhead Door Corp.

Bad Law
1999 Cal. App. LEXIS 745·74 Cal. App. 4th 112·87 Cal. Rptr. 2d 603·99 Daily Journal DAR 8315·99 Cal. Daily Op. Serv. 6547
Court of Appeal of CaliforniaAugust 12, 1999No. E021287California4,228 words

Opinion

Lead Opinion

Ramirez, J.

Plaintiffs William Casey et al., a group of homeowners, filed an action against defendant and others claiming strict liability and negligence for defects in the manufacture of component parts of and in the construction of plaintiffs’ homes. Plaintiffs settled their claims with all defendants save Overhead Door Corporation (hereinafter Overhead). 1 Prior to trial the court granted summary adjudication in favor of Overhead on plaintiffs’ strict liability cause of action. At the time of trial the court refused to permit plaintiffs to proceed on the cross-complaint that had been assigned to them as the result of a settlement, leaving them only a single cause of action for negligence. Then, pursuant to a stipulation entered after plaintiffs received an unfavorable ruling on Overhead’s first motion in limine, Overhead moved for nonsuit/directed verdict. 2 That motion was granted 3 and judgment was entered for Overhead. Plaintiffs appeal from several orders of the trial court. They are:

1. An order summarily adjudicating plaintiffs’ cause of action for strict liability in favor of defendant Overhead;

2. The court’s entry of judgment pursuant to an order of nonsuit/directed…

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