Court Adds DoorDash as Defendant in Aerosol Duster Wrongful Death Lawsuit

By SoCal Editorial Team•
A federal court allowed DoorDash to be added as a defendant in a wrongful death case, remanding it to state court, highlighting delivery platforms' potential liability for product misuse.
Court Adds DoorDash as Defendant in Aerosol Duster Wrongful Death Lawsuit

In a ruling that could reshape the liability landscape for delivery platforms, a federal judge has allowed DoorDash, Inc. to be added as a defendant in a wrongful death lawsuit stemming from the sale and delivery of aerosol electronics duster. The case, Oscar Garcia et al. v. Walmart Inc. et al. (Case No. 5:26-cv-04175-PCP), was filed by Mitchell & Danoff Law Firm, Inc. on behalf of Venus Benabides and Oscar Garcia, personal representatives of the estate of Rudy Rey Garcia.

According to the complaint, Rudy Rey Garcia died on July 21, 2025, after inhaling aerosol electronics duster that was sold and delivered in unusually large quantities despite what the complaint describes as obvious signs of inhalant abuse. The lawsuit alleges that Walmart sold the product and DoorDash facilitated repeated deliveries, using sophisticated algorithms that could have flagged problematic purchasing patterns but failed to do so.

The U.S. District Court for the Northern District of California granted the plaintiffs' motion to add DoorDash as a defendant on August 3, 2026. Judge P. Casey Pitts evaluated the motion under 28 U.S.C. § 1447(e), which allows federal courts to permit joinder when a new defendant would destroy diversity jurisdiction. The court found that the plaintiffs stated a facially valid negligence claim against DoorDash under California Civil Code § 1714(a), noting that DoorDash was not merely tangentially related to the action and that the claims against both defendants arise from a common set of facts. The court also emphasized that California's comparative fault framework makes a single proceeding important for proper allocation of responsibility.

Adding DoorDash, a California-based company, meant the case no longer qualified for federal court, clearing the path for it to return to the Superior Court of California, County of Santa Clara. Jesse Danoff, Managing Partner at Mitchell & Danoff Law Firm, Inc., stated, "Every company that played a role in this tragedy should be held accountable, regardless of how large that company is or what it calls itself in its terms of service. Delivery platforms cannot simply distance themselves from the transactions they facilitate."

This ruling is significant because it addresses the accountability of delivery platforms for harms associated with the products they distribute. DoorDash's algorithms and business model are designed to process orders efficiently, but the court's decision suggests that platforms may have a duty to intervene when purchasing patterns indicate potential misuse. For consumers and families affected by similar tragedies, this could open the door to holding delivery companies liable in product liability and wrongful death claims.

The case will now proceed in Santa Clara County Superior Court, where the plaintiffs will have the opportunity to present evidence against both Walmart and DoorDash. Legal experts say this could set a precedent for how courts treat delivery platforms in personal injury litigation, potentially leading to stricter monitoring of product deliveries and greater responsibility for the downstream consequences of the products they handle.

For the Long Beach community and beyond, this case underscores the evolving legal landscape surrounding e-commerce and delivery services. As more people rely on on-demand delivery for everyday items, the question of who bears responsibility when those items cause harm becomes increasingly relevant. The outcome of this lawsuit could influence how delivery companies operate and how they are held accountable in the future.

SoCal Editorial Team

SoCal Editorial Team

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