Opinion

Peterson v. Lamb Rubber Co.

  • 54 Cal. 2d 339
  • 5 Cal. Rptr. 863
  • 353 P.2d 575
  • 1960 Cal. LEXIS 170
Court
California Supreme Court
Filed
Jun 23, 1960
Status
Published
Author
Traynor
On the bench
Schauer, Traynor, Bronson, Amici, Respondent
Cited by
55 cases
Authority
More cited than 5.2%

holding that employees may “stand in the shoes of the employer” and be considered “in privity to the vendor-manufacturer with respect to the implied warranties of fitness for use and of merchantable quality”

How later courts described this case

  • holding that employees may “stand in the shoes of the employer” and be considered “in privity to the vendor-manufacturer with respect to the implied warranties of fitness for use and of merchantable quality”
  • “Thus, none of these five cases provides clear support for the general proposition for which they were cited: that privity is not required where the item sold was inherently dangerous.”

Written by the judges who cited it.

The opinion

TRAYNOR, J.

I concur in the judgment for the reasons set forth in my concurring opinions in Escola v. Coca Cola Bottling Co., 24 Cal.2d 453, 461-468 [ 150 P.2d 436 ] and Gordon v. Aztec Brewing Co., 33 Cal.2d 514, 523-533 [ 203 P.2d 522 ].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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