Romito v. Red Plastic Co., Inc.
California Court of Appeal
38 Cal. App. 4th 59, 44 Cal. Rptr. 2d 834 (1995)
- Written by Noah Lewis, JD
Facts
Edward Romito, an experienced electrician, was removing television cables and wires from the nonpublic, flat roof of a four-story building at the Santa Anita Race Track. Romito weighed 228 pounds and was not wearing a safety line. Tugging on a stuck cable that came loose, Romito stumbled backwards onto a plastic skylight, fatally falling through it onto a concrete floor below. Anita Romito, Gloria Romito, and Louise Frazee (plaintiffs), Romito’s wife and two adult daughters, brought a wrongful-death action against the skylight manufacturer, Red Plastic Company, Inc., doing business as Dur-Red Products (Dur-Red) (defendant), alleging liability in negligence and strict products liability for failing to use thicker plastic. The skylights, which met applicable building code requirements, were installed three years prior to the accident without any involvement from Dur-Red. Dur-Red was aware that people sometimes fell through skylights. At the time, other manufacturers were using, and Dur-Red could have used, stronger materials for a similar price that would have borne Romito’s weight. Dur-Red moved for summary adjudication, which the trial court granted. The family members appealed.
Rule of Law
Issue
Holding and Reasoning (Ortega, J.)
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