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Products Liability Keyed Owen, 8th Ed.
Escola v. Coca-Cola Bottling Co. of Fresno
Citation:
24 Cal. 2d 453, 150 P.2d 436 (1944)Facts
Plaintiff Gladys Escola was a waitress at a restaurant where defendant’s driver had delivered several cases of Coca-Cola, placing them on the floor behind the counter. After the bottles had been at the restaurant for at least 36 hours, Escola was transferring them from a case to the refrigerator. After placing three bottles in the refrigerator, the fourth bottle exploded in her hand, causing a deep five-inch cut that severed blood vessels, nerves, and muscles in her hand and thumb. Witnesses heard the explosion, and the bottle broke into two jagged pieces. One of defendant’s drivers testified that he had seen other Coca-Cola bottles explode in the past. The defendant presented evidence of its careful inspection and testing procedures, but the plaintiff relied entirely on the doctrine of res ipsa loquitur to establish negligence.
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