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Personal Injury (Non-Vehicular)
Product Liability
Breach of Implied Warranty

Christopher Powers v. 7UP/RC Bottling Company of Southern California Inc.

Published: Dec. 18, 1999 | Result Date: Sep. 29, 1999 | Filing Date: Jan. 1, 1900 |

Case number: SCV20964 –  $0

Judge

Carl E. Davis

Court

San Bernardino Superior


Attorneys

Plaintiff

Michael J. Blaschke


Defendant

Diana Carloni Nourse


Experts

Plaintiff

Mark Sebolt
(technical)

Walter Bramson
(medical)

Brian P. Jacks
(medical)

Defendant

Jeffrey M. Shapiro
(medical)

Martha Hierro
(medical)

Facts

In May 1994, plaintiff purchased a bottled soft drink at a service station. Plaintiff alleged that the drink contained glass fragments that were powdery in nature.

Settlement Discussions

In May 1999, plaintiff made a C.C.P. Section 998 offer of $120,000. The defendant made a C.C.P. Section 998 offer of $5,000 and was withdrawn during trial.

Injuries

The plaintiff suffered irritable bowel syndrome and psychiatric injury.

Other Information

The plaintiff settled with the beverage company and its distributor for $100,000 prior to trial and the retailer settled for $5,000 on the first day of trial. The verdict was reached approximately four years and four months after the case was filed.

Deliberation

six hours

Poll

11-1 (for defendant)

Length

nine days


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