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Torts Keyed to Henderson
Escola v. Coca Cola Bottling Co.
Citation:
24 Cal. 2d 453, 150 P.2d 436 (Cal. 1944)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant’s drive delivered several cases of Coca Cola to the restaurant. Plaintiff, the waitress of the restaurant, was picking up a case of beverages and stocking those on a cabinet near a refrigerator. The injury happened when she took the bottle and it exploded in her hand. Plaintiff alleged that the bottle was defective and defendant was negligent in selling bottles containing excessive pressure of gas. Plaintiff did not show any specific negligent acts of defendant but rest her case on the doctrine of res ipsa loquitur.
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