Jerry Bailey suffered an eye injury when a bottle of Cook’s Champagne exploded as he was erecting a sales display in a Safeway grocery store. Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway under that same theory and for negligence.
Bailey then filed a separate complaint for equitable indemnity against Safeway as Saint-Gobain’s assignee. With respect to liability, Bailey alleged that because Safeway litigated Saint-Gobain’s liability under the consumer expectation theory, and was found to be 100 percent at fault, Safeway was collaterally estopped from denying legal responsibility and from re-litigating its degree of fault.
- Bailey v. Safeway (California Courts)
- Product Liability: Manufacturing Defects vs. Design Defects (FindLaw)
- Demurrer or Exception: Pleading (FindLaw)
- Buruji Kashamu Loses Collateral Estoppel Indictment Challenge (FindLaw’s Seventh Circuit blog)
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