Qualls v. Blue Cross Of California

22 F.3d 839 Michael QUALLS, By and Through Annie QUALLS, his Conservator; Annie Qualls, individually, Plaintiffs-Appellants, v. BLUE CROSS OF CALIFORNIA, INC.; Saddleback R.V. Sales, a California corporation, Defendants-Appellees. No. 92-56033. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 31, 1994. Memorandum Filed Feb. 9, 1994. Order and Opinion April 26, 1994. Melissa J. Fassett, Morgan, Wenzel & McNicholas, Los Angeles, CA, for plaintiffs-appellants. David A. Lingenbrink, Galton & Helm, Los Angeles, CA, for defendants-appellees. Before: TANG, PREGERSON, and NOONAN, Circuit Judges. 1 Appeal from the United States District Court for the Central District of California. ORDER 2 The memorandum disposition filed February 9, 1994, is redesignated as an authored opinion by Judge Harry Pregerson. OPINION PREGERSON, Circuit Judge: I. INTRODUCTION 3 Michael Qualls appeals the district court order of summary judgment in favor of defendant-respondent Blue Cross of California ("Blue Cross"). We have jurisdiction under 28 U.S.C. Sec. 1291 . We AFFIRM. II. BACKGROUND 4 Mr. Qualls was electrocuted by a faulty electric fan in June of 1988, causing him to lapse…