LaRosa v. Superior Court

Opinion

CALDECOTT, P. J.

The question presented by this petition for writ of mandate or prohibition is whether defendants, who are in the business of selling various kinds of used machinery, are strictly liable for a defect of undetermined origin in a machine which defendants sold but which they neither inspected, repaired nor modified.

Petitioner Rock LaRosa, plaintiff in the underlying action for damages for personal injury (claimant) was injured when a punch press, owned by his employer, malfunctioned. The employer had purchased the punch press, used, from real party in interest Joe Ciar &…