Allis-Chalmers Corp. v. Superior Court

Opinion

LAVINE, J. *

Petitioner seeks a writ of mandate compelling the superior court to grant its motion for summary adjudication of issues.

Facts

Carlos Leon was killed while operating a forklift manufactured by petitioner and distributed by real party. His heirs filed suit against petitioner and real party, among others, alleging that the forklift was negligently manufactured, designed, assembled, etc. Petitioner filed a cross-complaint against real party and others; real party filed its own cross-complaint against petitioner for full and partial indemnity and breach of warranty.

In the main…