Maldonado v. Medivators CA4/3
In his lawsuit, Carlos Maldonado alleged he sustained a disabling lung disease, industrial asthma, as a result of occupational exposure to toxicologically significant levels of the chemical glutaraldehyde, used to disinfect medical equipment during his employment. He asserted Medivators Inc., the manufacturer of the disinfectant, was liable because it manufactured a dangerous toxic substance containing exceedingly high concentrations of glutaraldehyde without giving adequate warnings, especially after it formulated, manufactured, and sold an alternative product not containing glutaraldehyde. The trial court granted Medivators’s summary judgment motion on the grounds the lawsuit was untimely. On appeal, Maldonado challenges the sufficiency of the evidence presented to support the summary judgment ruling. We conclude there exists a triable issue of fact regarding when Maldonado first suspected he suffered an appreciable and actual harm and that it was a result of wrongdoing. We re
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