Maxton

Maxton v. Western States Metals

Caution
136 Cal. Rptr. 3d 630·2012 Cal. App. LEXIS 94·203 Cal. App. 4th 81·2012 WL 286798
Court of Appeal of CaliforniaFebruary 1, 2012No. B227000California4,537 words

Opinion

Lead Opinion

Kitching, J.

Plaintiff John Maxton alleges he sustained personal injuries as a result of working with metal products manufactured by defendants 1 and supplied to Maxton’s employer. The metal products were essentially raw materials because they could be used in innumerable ways. The issue on appeal is whether Maxton can maintain his negligence and strict liability causes of action against defendants. We hold that he cannot.

Generally suppliers of raw materials to manufacturers cannot be liable for negligence or under a strict products liability theory to the manufacturers’ employees who sustain personal injuries as a result of using the raw materials in the manufacturing process. Only in extraordinary circumstances—such as when the raw materials are contaminated, the supplier exercises substantial control of the manufacturing process, or the supplier provides inherently dangerous raw materials—can suppliers be held liable. No such circumstances exist here.

The only California cases we have found that impose liability on suppliers of raw materials under negligence and strict liability causes of action involve asbestos. As we shall explain, however, asbestos is inherently dangerous. We…

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