241 Cal. App. 4th 1212
Cal. Ct. App.2015Background
- Plaintiffs Ernest Brady and David Gibbs (and family members) developed acute myelogenous leukemia they allege was caused by exposure to Safety-Kleen 105 Solvent while using Safety-Kleen parts washers.
- Calsol, Inc. distributed virgin mineral spirits to Safety-Kleen between 1993–1996; Safety-Kleen recycled used solvent with virgin mineral spirits to produce 105 Solvent.
- Plaintiffs sued Safety-Kleen and its suppliers, including Calsol, alleging negligence, strict liability (design and failure to warn), and breach of implied warranty, asserting benzene contamination in the mineral spirits caused injury.
- Calsol moved for summary judgment under the component-parts (raw materials) doctrine, arguing it owed no duty because it supplied a nondefective raw material to a sophisticated buyer.
- The trial court granted summary judgment for Calsol; on appeal the court considered whether Calsol met its burden, focusing on whether mineral spirits were "inherently dangerous." The court reversed and remanded, finding a triable issue of fact on that point.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the component-parts doctrine shields Calsol from liability | Mineral spirits are inherently dangerous because they contain benzene, so supplier cannot use the doctrine | Component doctrine applies; supplier not liable if component not defective when supplied and no control over end product | Reversed: triable issue exists whether mineral spirits are inherently dangerous, so summary judgment inappropriate |
| Whether "inherently dangerous" is required under the doctrine | Artiglio requires showing component is not inherently dangerous; thus plaintiffs can defeat summary judgment by showing inherent danger | Calsol contends Artiglio misread Restatement and O'Neil does not require "inherently dangerous" showing | Court adopts Artiglio approach; requires supplier to show component not inherently dangerous and finds Calsol failed to do so |
| Whether mineral spirits here are analogous to inherently dangerous raw materials (e.g., asbestos) | Plaintiffs: evidence (expert declaration) that benzene in mineral spirits causes carcinogenic exposure during use | Calsol: mineral spirits like kerosene or sand—versatile, not inherently dangerous; Restatement suggests basic raw materials cannot be defectively designed | Court: disputes of material fact (expert evidence) preclude finding as a matter of law that mineral spirits were not inherently dangerous |
| Whether Calsol satisfied remaining Artiglio factors (sophisticated buyer; substantial change; limited role) | Plaintiffs did not concede; but main dispute is inherent dangerousness | Calsol argued other factors were satisfied and would independently support summary judgment | Court did not decide those factors because genuine issue remains on inherent danger; remanded for further proceedings |
Key Cases Cited
- O’Neil v. Crane Co., 53 Cal.4th 335 (Cal. 2012) (discusses component-supplier liability and limits on manufacturer duty to warn)
- Artiglio v. General Electric Co., 61 Cal.App.4th 830 (Cal. Ct. App. 1998) (adopts multi-factor test including that components not be inherently dangerous for supplier protection)
- Walker v. Stauffer Chemical Corp., 19 Cal.App.3d 669 (Cal. Ct. App. 1971) (bulk supplier of sulfuric acid not liable where supplier did not manufacture the finished product)
- Maxton v. Western States Metals, 203 Cal.App.4th 81 (Cal. Ct. App. 2012) (applies Artiglio factors; metal products not inherently dangerous when supplied)
- Arena v. Owens-Corning Fiberglas Corp., 63 Cal.App.4th 1178 (Cal. Ct. App. 1998) (raw asbestos suppliers not protected by component doctrine because asbestos held inherently dangerous)
- Stewart v. Union Carbide Corp., 190 Cal.App.4th 23 (Cal. Ct. App. 2010) (asbestos supplier liability cases discussed)
- Jenkins v. T&N PLC, 45 Cal.App.4th 1224 (Cal. Ct. App. 1996) (asbestos supplier cases distinguishing inherently dangerous raw materials)
- Garza v. Asbestos Corp., Ltd., 161 Cal.App.4th 651 (Cal. Ct. App. 2008) (asbestos raw-material liability principles applied)