Bryer v. Santa Cruz Pasta Factory

[1713]

Opinion

MIHARA, J.

Plaintiff was injured as a result of the absence of a “point of operation guard” on the pasta machine she was operating in the course of her employment for defendant. She brought a civil action for damages against defendant. Defendant moved for summary judgment on the ground that plaintiff was limited to workers’ compensation. Defendant asserted that Labor Code section 4558, the “power press” exception to workers’ compensation exclusivity, was inapplicable because it was undisputed that defendant had never received any information from the manufacturer of the pasta machine regarding the necessity of a point of operation guard on the pasta machine. Defendant submitted affidavits which established that defendant had purchased the pasta machine secondhand and had never “received information of any kind” from the manufacturer of the pasta machine. Plaintiff submitted affidavits which attempted to dispute this proposition. Her affidavits showed that defendant had “noticed the hole in the machine” which indicated to defendant that a safety device should have been in that location and was missing. The individual who had sold the pasta machine to defendant indicated that he had probably pointed out the absence of the safety device when defendant purchased the machine. The trial court granted defendant’s summary judgment motion and entered judgment for defendant. Plaintiff filed a timely notice of appeal.

“An employee . . . may bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer under conditions known by the employer to create a probability of serious injury or death.” (Lab. Code, § 4558, subd. (b).) “No liability shall arise under this section absent proof that

the manufacturer

designed, installed, required, or otherwise provided by specification for the attachment of the guards and

conveyed knowledge of the same to the employer.

Proof of conveyance of this information to the employer by the manufacturer may come from any source.” (Lab. Code, § 4558, subd. (c), italics added.) “ ‘Failure to install’ means omitting to attach a point of operation guard either provided or required by the manufacturer, when the attachment is required by the manufacturer and made known by him or her to the employer at the time of acquisition, installation, or manufacturer-required modification of the power press.” (Lab. Code, § 4558, subd. (a)(2).) “ ‘Manufacturer’ means the designer, fabricator, or assembler of a power press.” (Lab. Code, § 4558, subd. (a)(3).)