Summary Judgment In Favor Of Product Manufacturer Affirmed.

The warning on a grinder read: “WARNING: To avoid the risk of serious injury, NEVER use this grinder with cup wheels and/or saw blades.” “WARNING: Never use any accessories other than those mentioned below. The use of any accessories other than those mentioned below or attachments not intended for use such as cup wheel, cut-off wheel, or saw blade is dangerous and may cause personal injury or property damage.” Plaintiff used the grinder with a saw blade and was injured. He brought action against the retailer hardware store for product liability and negligence. In his complaint, plaintiff alleged that defendants “recommended, selected, and sold” the products to be used together, and that “[u]sing a saw blade on a grinder is unsafe, because the saw blade is not guarded on a grinder, as opposed to a saw.” Later, plaintiff amended his complaint to include the manufacturer of the grinder. The trial court granted summary judgment in the manufacturer’s favor and the appellate court affirmed, concluding O’Neil v. Crane Co. (Cal. Sup. Ct.: January 12, 2012) 53 Cal.4th 335, [266 P.3d 987, 135 Cal.Rptr.3d 288], (a product manufacturer may not be held liable in strict liability or negligence for harm caused by another manufacturer’s product unless the defendant’s own product contributed substantially to the harm, or the defendant participated substantially in creating a harmful combined use of the products.) resolves the matter. Sanchez v. Hitachi Koki, Co., LTD. (Cal. App. Second Dist., Div. 4; July 9, 2013) 217 Cal.App.4th 948.