LaRosa v. Superior Court

LaRosa v. Superior Court (1981) 122 Cal.App.3d 741 involved a used punch press which triggered and crushed the worker's hands. It was purchased from a commercial dealer in used machinery who had sold other used machines to the worker's employer. The dealer did not have in stock a press of the type requested by the employer, but the dealer purchased one expressly for resale to the employer. The dealer did not inspect, use, modify or repair the machine, but had it shipped directly from the previous owner to the employer. The dealer had no direct connection with the manufacturer and disclaimed having made any representation as to the condition of the machine. ( Id., 122 Cal.App.3d at pp. 747-748.) The court upheld a summary judgment for the used machinery dealer, concluding there was no strict liability, whether the defect was in the original manufacture or arose subsequently. The court reviewed five policy reasons which were advanced for strict liability, and concluded that they did not support liability in the circumstances of that case. ( Id., at pp. 753-761.)