Lopez v. Sony Electronics, Inc.
Annotate this CasePlaintiff, by and through her mother and guardian ad litem, filed suit against Sony, alleging that her prenatal exposure to toxic substances caused her to suffer birth defects and permanent injuries. Plaintiff was born in April 1999, with numerous birth defects. She alleges that, during her mother’s employment with Sony, she was exposed for prolonged periods of time to chemicals which caused her birth defects. The court concluded that Code of Civil Procedure section 340.4, which is applicable to tort actions for birth and prebirth injuries, governs plaintiff’s claims and that her action is time-barred. In so holding, the court departed from its colleagues in the Sixth District who concluded that section 340.8 supplants the limitations period of section 340.4 for claims based on prenatal injuries caused by exposure to hazardous materials or toxic substances (Nguyen v. Western Digital Corporation). Accordingly, the court affirmed the judgment entered in favor of Sony.
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