Facts

On Dec. 28, 2006, a bottle of champagne exploded as Jerry Bailey removed it from the box. As a result, shattered glass injured Bailey's eye. He sued Safeway Inc., the owner of the store in which the incident occurred, for negligence based on the consumer expectation test.

PLAINTIFF'S CONTENTIONS:
Bailey contended that the bottle failed to meet consumer expectations and that Safeway was liable for purchasing that bottle for sale in their store.

DEFENDANT'S CONTENTIONS:
Safeway alleged that the bottle manufacturer or distributor should be held liable and that the box itself contained no defect.

Settlement Discussions

Bailey demanded $500,000 and Safeway offered $25,000 pursuant to C.C.P. section 998.

Damages

The plaintiff requested between $705,000 and $1,340,000 in damages.

Injuries

The plaintiff suffered an eye injury, headaches, and lacerations. Bailey's wife, Tammy Bailey, claimed loss of consortium.

Result

The jury returned a plaintiffs' verdict amounting to $718,916, holding Safeway completely responsible.

Other Information

Federal Insurance Co. insured Safeway.

Deliberation

2.5 days

Poll

12-0 (damages), 11-1 (liability)

Length

12 days