California Court of Appeal

Judgment on the pleadings in favor of defendant on strict liability count, in case alleging MTBE added to gasoline refined by defendant, and supplied to gas stations, leaked into plaintiff's nearby water system, is vacated where foreseeable uses of gasoline reasonably include storing it at a gas station, transferring it through gas pumps into a vehicle, and storing it in a vehicle's tank before it is actually burned as fuel, and permitting injured third parties or "bystanders" such as plaintiff to recover for damages associated with any of these uses is consistent with strict liability doctrine.

Appellate Information

• Decided 11/06/2006
• Published 11/07/2006

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Baron & Budd, Beverly Hills, Scott Summy, Celeste A. Evangelisti, and John L. Yates, Los Angeles, Stephen Blackburn;  Sher & Leff, Victor M. Sher, San Francisco, Todd Eric Robins;  Stevens & O'Connell, Charles J. Stevens, David A. Cheit, Sacramento, Bradley A. Benbrook, for Petitioner., Sheppard, Mullin, Richter & Hampton, Jeffrey J. Parker, Lori Osmundsen, Whitney D. Jones, Los Angeles;  McDermott Will & Emery, Peter J. Sacripanti, Michael R. O'Neill, Rory K. Little, Palo Alto, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.