Toxic Exposure Plaintiff Files Reply Brief, Continues to Challenge Maxton Raw Metal Ruling

LOS ANGELES –– A plaintiff appealing the dismissal of his toxic exposure complaint says that the defendants cannot rely on recent case law pertaining to the component parts defense since the case involves products manufactured by the defendants themselves, not third parties.

In a Jan. 10 reply brief filed in the 2nd District of the California Court of Appeal, the plaintiffs maintain their position that Maxton v. Western State Metals (2012, 203 Cal.App.4th 81) misapplies the component parts defense and rests on “improper fact determinations made at the demurrer stage.”

Plaintiffs Falvio Ramos and Francisco Uriarte filed their appellate …