California Court of Appeal

In a products liability action against suppliers, manufacturers and retailers of various paints, adhesives, lubricants, solvents and other products containing benzene, alleging plaintiff's chronic exposure as an auto mechanic to benzene-containing products led him to develop acute myeloid leukemia (AML), the trial court's grant of summary judgment to defendant is reversed where, although the supplier of a raw material used in the manufacture of another product can be held liable for a design defect under the consumer expectations test only if the raw material is itself inherently defective, summary judgment was granted erroneously because the record does not contain evidence negating the existence of a design defect under this test of the coal raffinate produced and sold by defendant.

Appellate Information

• Decided 09/01/2015
• Published 09/01/2015

Judges

• Pollak

Court

• California Court of Appeal

Counsel