California Court of Appeal
Bailey v. Safeway, Inc., A131349
In an appeal from a judgment of the trial court sustaining defendant's demurrer without leave to amend in an action for strict liability design defect under the consumer expectation theory and negligence, judgment is affirmed because: 1) as the assignee of a released defendant, plaintiff is precluded, under the doctrine of collateral estoppel, from relitigating defendant's negligence thus binding him to the jury's determination on the issue; and 2) the manufacturer of a product found to be defectively designed cannot seek equitable indemnity against a retailer whose fault is based only on that same product liability theory.
Appellate Information
- Decided 09/15/2011
- Published 09/15/2011
Judges
- RUVOLO
Court
- California Court of Appeal