(PS) Zamudio v. FMC Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RAUL ZAMUDIO and SOLEDAD No. 2:16-cv-02693-TLN-DB

ZAMUDIO

12 Plaintiffs, ORDER v. 14 FMC CORPORATION and DOES 1 through 20, inclusive, Defendants. 17 This matter is before the Court on Defendant FMC Corporation’s (“Defendant”) Motion for Summary Judgment. (ECF No. 21.) Plaintiffs Raul Zamudio and Soledad Zamudio (collectively, “Plaintiffs”) filed an opposition. (ECF No. 26.) Defendant filed a reply. (ECF No. 28.) For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant’s motion. /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 This case arises from a workplace injury that took place at Escalon Premier Brands (the “Facility”), a tomato processing facility in Escalon, California. (ECF No. 26-1 at 2.) The Facility receives raw tomatoes, processes the fruit in its facility, and turns the fruit into an end product for consumption. (Id.) The Facility uses machines…