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Torts keyed to Best
Escola v. Coca Cola Bottling Co. of Fresno
Citation:24 Cal.2d 453, 150 P.2d 436 (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:
A driver working for the bottling plant dropped off several cases of coca cola to the restaurant where Plaintiff works as a waitress. The driver stacked the cases on the floor on top of each other behind the counter. The cases sat there for approximately 36 hours. As the plaintiff was restacking coca cola bottles in the restaurant fridge, one exploded in her hand. She had already placed three bottles in the fridge, picked up the fourth, and when it was approximately 18 inches from the case, exploded and broke into two jagged pieces. She suffered a deep 5-inch cut on her right hand, which severed blood vessels, nerves, and muscles of her thumb and palm of her right hand. She sued the bottling plant for negligence, alleging that there must have been some sort of deficiency in their bottling process – either a defect in the glass or amount of carbon dioxide in the carbonation – in order for the bottle to explode with no warning or reason.
- 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.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.