Calif. Plaintiffs Urge Dismissal of 'Sophisticated User' Defense

OAKLAND - Plaintiffs in one of California's coordinated welding fume cases has moved for summary adjudication on sophisticated user and other affirmative defenses raised by welding consumable manufacturers, saying there is no dispute that "welders generally" had no knowledge of the risks. Thomas v. A.O. Smith Corp., JCCP No. 4368 (Calif. Super. Ct., Alameda Cty.).

Elbert and Geraldine Thomas say there is no genuine issue of fact on those issues and defendants have failed to meet their burden of proof.

The Thomases allege that Mr. Thomas suffers manganese-induced parkinsonism because of his use of defendants' products over a long …