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Torts Keyed to Miller
Escola v. Coca Cola Bottling Co.
Citation:150 P.2d 436 (Cal. 1944)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Escola (Plaintiff) was a waitress whose hand was injured when a bottle delivered by Coca-Cola Bottling Co. (Defendant) exploded in her hand. The bottle broke into two jagged pieces and inflicted a deep five-inch cut, severing blood vessels, nerves and muscles of the thumb and palm of the hand. The plaintiff believed that the defendant, which had bottled and delivered the alleged defective bottle to her employer, was negligent in selling bottles containing an excessive pressure of gas or by some other defect that made the bottle likely to explode as it did here.
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Topic:Identifies the topic of law and where this case fits within your course outline.
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Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
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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.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
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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.
Topic Refresher CourseNegligence: Res Ipsa Loquitor (The Thing Speaks for itself)