California Court of Appeal

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Perez v. VAS S.p.A., B219080

In plaintiff's strict products liability and negligence suit for sustaining injuries by a paper rewinding machine designed and manufactured by defendant, trial court's judgment in favor of defendant is affirmed where: 1) although the trial court erred in failing to adhere to the applicable burden shifting analysis under which plaintiff was required to make a prima facie showing that his injury was proximately caused by the design of the rewinding machine, whereupon the burden of proof shifted to defendant to prove that plaintiff's use of the machine was so unforeseeable as to constitute the superseding cause of his injury, the error was not prejudicial; and 2) the court in fact found, supported by substantial evidence, that plaintiff used the machine in such an unforeseeable manner that it constituted the sole cause of his injury, and as such, it is not reasonable that had the court used the correct burden shifting analysis, a different result would have been reached.

Appellate Information

  • Decided 08/24/2010
  • Published 09/17/2010

Judges

  • WILLHITE

Court

  • California Court of Appeal

Counsel

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