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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"
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.