Kaiser Steel Corp. v. Westinghouse Electric Corp.

Opinion

THOMPSON, J.

In this appeal from a judgment for the defendant in an action asserting defendant’s liability on theories of products liability, breach of express warranty, breach of the implied warranties of fitness and merchantability, negligence, and “res ipsa loquitur,” we conclude that the trial court erred in applying an improper standard in ruling upon plaintiff’s motion to be relieved of facts admitted pursuant to Code of Civil Procedure section 2033 for failure to deny under oath requests for admissions. That conclusion requires that summary judgment granted by the trial court to…