Is section 4558 of the California Motor Vehicle Licensing Act applicable to a power press?

California, United States of America


The following excerpt is from Rosales v. Depuy Ace Medical Co., 22 Cal.4th 279, 92 Cal.Rptr.2d 465, 991 P.2d 1256 (Cal. 2000):

The superior court granted defendant's motion for summary judgment, finding section 4558 inapplicable in that "[p]laintiff does not dispute that he was injured by a lathe which uses a sharp edge cutting tool rather than a `mirror image' pressing or stamping die." The Court of Appeal reversed, rejecting the idea a power press necessarily employs a die that forms material into a "mirror image" of itself, as suggested in Graham v. Hopkins (1993) 13 Cal.App.4th 1483, 17 Cal.Rptr.2d 82. Relying on a regulatory agency's definition, the appellate court held a power press is any mechanically powered machine that forms material by use of "tools or dies" attached to slides. (Italics added.)

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