interstitial pulmonary fibrosis

Products Liability: Component Parts Doctrine

By on February 17, 2015 - Comments off

Ramos v. Brenntag Specialties, (Second District, March 21, 2014) 2014 WL 1116961, 14 Cal. Daily Op. Serv. 3129, 2014 Daily Journal D.A.R. 3597, — Cal.Rptr.3d —-

A mold maker/machine operator who was diagnosed with interstitial pulmonary fibrosis brought an action against several manufacturers of metals, plaster and minerals which he had worked around for many years at a metal foundry. The plaintiff alleged that his disease was caused by on- the-job exposure to, inter alia, fumes from the molten metal and dust from plaster, sand, limestone and marble, which were used in the fabrication process. The plaintiff further alleged that although state and federal regulations identified the products or their constituents as hazardous, the defendant provided no warnings to him.

The defendants moved for judgment on the pleadings, contending that the claims were barred under Maxton v. Western States Metals (2012) 203 Cal.App.4th 81, 136 Cal.Rptr.3d 630, which addressed similar claims and held that because the metal products at issue were raw material and were not inherently dangerous, under the component parts doctrine the defendants could not be liable.  Following amendments to the complaint, the trial court sustained demurrers without leave to amend.

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