13 Cited authorities

  1. Soule v. General Motors Corp.

    8 Cal.4th 548 (Cal. 1994)   Cited 1,291 times   7 Legal Analyses
    Holding that the consumer expectations test was not appropriate for a claim that a car was defective because the wheel assembly detached in accident
  2. Barker v. Lull Engineering Co.

    20 Cal.3d 413 (Cal. 1978)   Cited 601 times   7 Legal Analyses
    Holding "when a product comes off the assembly line in a substandard condition it has incurred a manufacturing defect"
  3. Whiteley v. Philip Morris Inc.

    117 Cal.App.4th 635 (Cal. Ct. App. 2004)   Cited 198 times   3 Legal Analyses
    Holding that where design defect case alleging that defendant's cigarettes were defective was tried under a risk-benefit theory, plaintiff was required to offer competent expert testimony to establish that smoking the defendant's cigarettes was the actual cause of the lung cancer that killed the plaintiff
  4. Campbell v. General Motors Corp.

    32 Cal.3d 112 (Cal. 1982)   Cited 217 times   2 Legal Analyses
    Holding that jurors were able to evaluate whether absence of "grab bars" on public transportation bus constituted design defect under the consumer expectation test because "public transportation is a matter of common experience"
  5. Frazee v. Seely

    95 Cal.App.4th 627 (Cal. Ct. App. 2002)   Cited 119 times   1 Legal Analyses
    In Frazee, the court held that a notice of joinder in the codefendants' motion for summary judgment was procedurally defective, for among other reasons, because the notice was filed on shortened notice.
  6. General Motors Corp. v. Superior Court

    48 Cal.App.4th 580 (Cal. Ct. App. 1996)   Cited 55 times   1 Legal Analyses
    In General Motors Corp. v. Superior Court (Jeffrey), 55 Cal.Rptr.2d 871 (1996), decided some eight months after the district court's order granting Saratoga's motion for summary judgment was entered, the court focused only on the defendant's attempt to show that plaintiff had actual knowledge of her cause of action against the defendant prior to filing the complaint.
  7. Galanek v. Wismar

    68 Cal.App.4th 1417 (Cal. Ct. App. 1999)   Cited 48 times
    In Galanek v. Wismar, 68 Cal. App. 4th 1417 (1999), the plaintiff brought a legal malpractice action against her former attorney and his law firm based on the attorney's alleged negligent spoliation of evidence while representing the plaintiff in a products liability case against a car manufacturer—i.e., the attorney failed to take reasonable steps to prevent the destruction of the car the plaintiff had been driving when she was injured.
  8. Pruitt v. General Motors Corp.

    72 Cal.App.4th 1480 (Cal. Ct. App. 1999)   Cited 22 times
    Finding trial court's refusal to instruct jury on consumer-expectation test appropriate because "the consumer expectations test is reserved for cases in which the everyday experience of the products' users permits a conclusion that the product's design violated minimum safety assumptions" which "are not within the common knowledge of lay jurors."
  9. St. Mary Medical Center v. Superior Court

    50 Cal.App.4th 1531 (Cal. Ct. App. 1996)   Cited 18 times

    Docket No. B103189. November 19, 1996. Appeal from Superior Court of Los Angeles County, No. NC 017504, Anita Rae Shapiro, Commissioner. COUNSEL Rushfeldt, Shelley Drake, Richard J. Ryan, Nancy L. Flores and Dawn Cushman for Petitioners. No appearance for Respondent. Terrence F. Riley for Real Parties in Interest. OPINION HASTINGS, J. The question we address in this petition is whether or not the provisions of Code of Civil Procedure section 2034 preclude depositions of experts who are utilized in

  10. Dimond v. Caterpillar Tractor Co.

    65 Cal.App.3d 173 (Cal. Ct. App. 1976)   Cited 41 times
    In Dimond, however, the intermediate appellate court did not apply the rebuttable presumption, and was not even faced with a situation in which it had to decide whether the rebuttable presumption applied.