Islas v. D & G Manufacturing Co.

Opinion

CURRY, J.

In a personal injury action by appellant Keyn Hernandez Islas, the trial court determined as an issue of preliminary fact that Islas was not injured by a “power press” within the meaning of Labor Code section 4558, and subsequently entered an order dismissing Islas’s action. We reverse.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

On October 30, 2001, Islas filed a complaint for personal injury against National Sheet Metal Machines, Inc. (National) and respondent D & G Manufacturing Company, Inc. (D & G). The complaint alleges that on October 31, 2000, Islas was employed by D & G,…