Rodriguez v. Superior Court (Glennbrook Laboratories)

• Decision Date: 01 August 1990
• Docket Number: No. F013111,F013111
• Citation: 271 Cal.Rptr. 908
• Court: California Court of Appeals Court of Appeals
• Parties: Andy RODRIGUEZ, a Minor, etc. et al., Petitioners, v. The SUPERIOR COURT of Kern County, Respondent; GLENBROOK LABORATORIES etc. Real Party in Interest.

Page 908

271 Cal.Rptr. 908

Andy RODRIGUEZ, a Minor, etc. et al., Petitioners, v. The SUPERIOR COURT of Kern County, Respondent; GLENBROOK LABORATORIES etc. Real Party in Interest.

No. F013111.

Court of Appeal, Fifth District, California.

Aug. 1, 1990.

Prior Report: Cal.App., 271 Cal.Rptr. 114.

ORDER DENYING PETITION FOR REHEARING

THE COURT: ^*

We recognize the problems of practical application for the trial courts created by a cause of action for strict liability based upon a failure to warn of a reasonably foreseeable risk. However, the problem lies not with this court's opinion, but with Brown v. Superior Court (1988) 44 Cal.3d 1049, 245 Cal.Rptr. 412, 751 P.2d 470 and Finn v. G.D. Searle & Co. (1984) 35 Cal.3d 691, 200 Cal.Rptr. 870, 677 P.2d 1147, by which we are bound.

Real Party in Interest's petition for rehearing is denied.

BEST, Acting P.J., concurs.

* Before BEST, Acting P.J., and STONE (Wm.A.) and VARTABEDIAN, JJ.