Oh v. Teachers Insurance & Annuity Ass'n of America
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Plaintiffs filed suit against TIAA, and the companies that managed TIAA's property, after their son died when a hair care product he was handling at work exploded and he was engulfed in the resulting fire. In this case, the employer did not know the product was dangerous and thus did not comply with legal requirements for storing and labeling hazardous materials, or with provisions in the lease of the premises where the fire occurred. The trial court granted defendants' motions for summary judgment.
The Court of Appeal affirmed, agreeing with the trial court that there was no evidence defendants had actual or constructive knowledge the employer was storing and handling a hazardous material, and thus defendants owed no duty to the decedent. Therefore, the evidence shows no triable issue of material fact and defendants were entitled to summary judgment on the negligence per se, wrongful death, and survival causes of action.
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