California Court of Appeal

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DiCola v. White Bros. Performance Prods., Inc., D048643

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.
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