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Pereira v. Dow Chemical Co.

Citations: 129 Cal. App. 3d 865; 181 Cal. Rptr. 364; 1982 Cal. App. LEXIS 1377Docket: Civ. 46210

Court: California Court of Appeal; March 19, 1982; California; State Appellate Court

Narrative Opinion Summary

In this case, plaintiffs appealed summary judgments granted in favor of multiple defendants, including chemical manufacturers and distributors, in a personal injury lawsuit. The plaintiff alleged that exposure to chemicals at his workplace caused a severe kidney disorder. The claims involved strict liability, negligence, and breach of implied warranty. The trial court ruled that the claims were barred by the statute of limitations, determining that the plaintiffs were or should have been aware of the injury's industrial cause earlier. However, the appellate court found that factual questions remained about causation and the timing of the plaintiff's awareness under the discovery rule. The court held that the defendants had not conclusively negated the element of causation nor had they established a complete defense. The principle from Summers v. Tice was invoked, suggesting that joint tortfeasors could be held liable even if the precise contribution of each defendant's chemical product to the injury was unclear. Consequently, the appellate court reversed the summary judgments, allowing the case to proceed to trial to resolve these factual issues.

Legal Issues Addressed

Causation and Joint Tortfeasors

Application: The plaintiffs alleged that their injuries were caused by cumulative exposure to several chemicals, invoking principles from Summers v. Tice regarding joint tortfeasor liability when exact contributions to harm cannot be determined.

Reasoning: The principle established in Summers v. Tice emphasizes that joint tortfeasors are collectively responsible for damages when their combined actions caused harm, even if the exact contribution of each cannot be determined.

Discovery Rule in Toxic Exposure Cases

Application: The court considered the application of the discovery rule, noting that the discovery of the medical link between chemical exposure and illness in late 1975 was crucial, thus affecting the statute of limitations timeline.

Reasoning: The earliest indication of nephrotoxic effects from the chemicals was only uncovered during a workmen's compensation process in July 1975, shortly before the complaint was filed.

Statute of Limitations in Product Liability Cases

Application: The court examined whether the plaintiffs' claims were barred by the statute of limitations, considering the discovery rule to determine when the plaintiff became aware or should have been aware of the cause of action.

Reasoning: The statute of limitations for product liability cases, as per Code of Civil Procedure section 340, subdivision (3), typically starts when the wrongful act occurs; however, it is subject to the discovery rule, which delays the accrual until the plaintiff is aware or should be aware of all essential facts showing the cause of action.

Summary Judgment Standards

Application: The court reviewed the summary judgment standards, emphasizing that defendants must conclusively negate an essential element or demonstrate a complete defense, and any doubts should favor the opposing party.

Reasoning: In the context of a summary judgment appeal, the court must determine if there is a reasonable possibility for the plaintiffs to establish their case. The defendant must conclusively negate an essential element or demonstrate a complete defense.