California Court of Appeal

In suit for wrongful death and products liability stemming from an accident that allegedly occurred when a motorcycle side stand failed to retract, summary judgments in favor of defendants are affirmed over claims that: 1) defendants did not meet their initial burden to show they did not manufacture or distribute the subject side stand; 2) plaintiffs raised triable issues of fact with evidence that an example side stand was identical to the allegedly defective side stand; and 3) plaintiffs raised triable issues of fact with evidence that defendants manufactured and distributed the example.

Appellate Information

• Decided 01/02/2008
• Published 01/02/2008

Judges

• O'ROURKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Macaluso & Associates, Todd E. Macaluso, Stacy M. King, Zachary M. Lemley, San Diego, for Plaintiffs and Appellants.


• For Appellees:
  
• Marrone, Robinson, Frederick & Foster, Phillip R. Marrone, Dennis P. Defranzo, Burbank, for Defendant and Respondent, Tolemar, Inc., Harrington, Foxx, Dubrow & Canter, Michael D. Hirsch, Edward Leonard, Los Angeles, for Defendant and Respondent, White Brothers Performance Products, Inc.