GALLAGHER V. PEQUOT SPRING WATER CO.
199 A.2d 172 (1963)
NATURE OF THE CASE: This was a product liability suit.
FACTS: P sued D, a bottler and vendor of grape soda. P was married on August 26, 1961 and
at the wedding reception, she drank some grape soda that had a bloodsucker or cockroach in
it. P did not see the bottle but after drinking the elixir, she became ill and vomited. P
had to abstain from the joyous incidents of the nuptial night, abandoned the plans for her
honeymoon, and a few days later returned to work. During trial, the bottle was admitted as
exhibit 1. D objected to its introduction into evidence as the substance in the bottle had
not been identified, that there was no proof that the substance was in the bottle at the
time of the occurrence, that the custody and care of the bottle had not been accounted for,
and that a proper foundation had not been laid for admitting the item into evidence. The
bottle was let in anyway. P was awarded $2500 and a remittitur was ordered to $1000. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment