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Escola v. Coca-Cola Bottling Co.
''Escola v. Coca-Cola Bottling Co.'', 24 Cal.2d 453, 150 P.2d 436 (1944), was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coca-Cola. It was an important case in the development of the common law of product liability in the United States, not so much for the actual majority opinion, but for the concurring opinion of California Supreme Court justice Roger Traynor.
==Facts and procedural history==
Plaintiff Gladys Escola was a waitress in a restaurant. She was putting away glass bottles of Coca-Cola when one of the bottles spontaneously exploded in her hand. She suffered a deep five-inch cut, which severed the blood vessels, nerves, and muscles of the thumb and palm of the hand.
The top portion of the bottle, with the cap, remained in her hand, and the lower portion fell to the floor but did not break. The broken bottle was not produced at the trial, because the pieces had been thrown away by an employee of the restaurant shortly after the accident. Escola, however, described the broken pieces, and a diagram of the bottle was made showing the location of the "fracture line" where the bottle broke in two. One of Coca-Cola's delivery drivers was called as a witness by plaintiff, and 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.
Escola was represented at trial by legendary litigator Melvin Belli, then in the early stage of his career. He later acknowledged in his own autobiography that he did not fully comprehend at the time that Escola's case would become a far-reaching landmark case.〔Melvin M. Belli and Robert Blair Kaiser, ''Melvin Belli: My Life on Trial, an Autobiography'' (New York: William Morrow and Company, 1976), 208.〕 The jury returned a verdict for the plaintiff, following the doctrine of ''res ipsa loquitur''.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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