Claire Weglarz Obtained Judgment Dismissing Plaintiff's Case

August 28, 2012

Claire Weglarz obtained a judgment dismissing Plaintiff's entire action filed against their product liability client in Los Angeles Superior Court. Plaintiff claimed his toxic encephalopathy and other toxic injuries were caused by his work with metals supplied to his workplace by HPTY's client. Judge Malcolm Mackey sustained HPTY's client's demurrer without leave to amend, finding that Plaintiff's claims were barred as a matter of law by the raw material supplier defense. In doing so, he held that HPTY's client's products did not fit into the "inherently dangerous" exception to this defense. Plaintiff's counsel advocated the position that recent case law created a loophole in the raw material supplier defense by re-defining an "inherently dangerous" product as one which causes injury by mere handling of the product. Agreeing with HPTY, Judge Mackey rejected this position. 


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