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Products Liability Keyed to Fischer, 6th Ed.
Kosters v. Seven-Up Co.
Citation:
595 F.2d 347 (1979)Facts
The plaintiff, Sharon Proos Kosters, was shopping at Meijers Thrifty Acres Store when she removed a six-bottle carton of 7-Up from a shelf and placed it under her arm. As she walked toward the checkout counter, one of the bottles slipped out of the carton, fell to the floor, and exploded. A piece of glass struck her eye, causing blindness in that eye. The carton was an “over-the-crown” or “neck-thru” design without side strips that would prevent bottles from falling out when held from underneath. This carton was manufactured by Olinkraft, Inc. and sold to Brooks Bottling Company, a franchisee of Seven-Up. The franchise agreement between Seven-Up and Brooks required that “cases, bottles, and crowns used for 7-Up will be of a type… and design approved by the 7-Up Company.” Seven-Up had approved the carton design, though it claimed its approval was only for “graphics” purposes to ensure proper trademark display. Kosters settled her claims against the bottler, carton manufacturer, and grocer for $30,000 but pursued her case against Seven-Up.
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