Escola v. Coca-Cola Bottling Co. Of Fresno

24 Cal. 2d 453, 150 P.2d 436 (1944)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D's driver delivered several cases of Coca Cola to the restaurant, placing them on the floor, one on top of the other. P, a waitress, picked up the top case and then proceeded to take the bottles from the case and put them one at a time into the refrigerator. The fourth bottle 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. P sued D claiming that D was negligent in selling 'bottles containing said beverage which on account of excessive pressure of gas or by reason of some defect in the bottle was dangerous...and likely to explode.' There were plenty of witnesses around. The contents of the bottle flew all over P and another and the walls. D's driver testified that he had seen other bottles of Coca Cola in the past explode and had found broken bottles in the warehouse when he took the cases out, but that he did not know what made them blow up. P rested her case, having announced to the court that being unable to show any specific acts of negligence she relied completely on the doctrine of res ipsa loquitur. P got the verdict and D appealed. The jury entered a verdict for P.