Person E is a waitress injured due to the bottle of soda exploded while putting in to the cooler. There is no evidence for person E to prove it is happened because of the method of testing for defects from the part of the bottler. She brings an action against the bottler for damages. To discuss: Whether person E is able to recover this theory.

Question

Want to see the full answer?

Answer 1

Question

Chapter 8, Problem 12CP

Summary Introduction

Case summary:

Person E is a waitress injured due to the bottle of soda exploded while putting in to the cooler. There is no evidence for person E to prove it is happened because of the method of testing for defects from the part of the bottler. She brings an action against the bottler for damages.

To discuss: Whether person E is able to recover this theory.

Expert Solution & Answer

Want to see the full answer?

Check out a sample textbook solution

See solution

Students have asked these similar questions

Hawkins slipped and fell on a puddle of water just inside the automatic door to the H. E. Butt Grocery Company’s store. The water had been tracked into the store by customers and blown through the door by a strong wind. The store manager was aware of the puddle and had mopped it up several times earlier in the day. Still, no signs had been placed to warn store patrons of the danger. Hawkins brought an action to recover damages for injuries sustained in the fall. Was the store negligent in its conduct?

Barbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…

Ms. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. Dick, a second year pediatric resident, was the attending emergency room physician. Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 ml’s per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. Dick. Dr. Dick did not order a transfer. Bay is a rural hospital and is not equipped to handle trauma patients with multiple…