Escola V. Coca Cola Bottling Co. Of Fresno
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Escola V. Coca Cola Bottling Co. Of Fresno
''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. Background 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, as the pieces had been thrown away by an employee of the restaurant shortly after the accident. ...
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Res Ipsa Loquitur
''Res ipsa loquitur'' (Latin: ''"the thing speaks for itself"'') is a doctrine in the common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In ''res ipsa loquitur'', the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence. History The term comes from Latin and is literally translated "the thing itself speaks", but the sense is well conveyed in the more common translation, "the thing speaks for itself". The earliest known use of the phrase was by Cicero in his defence speech ''Pro Milone''. The circumstances of the genes ...
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Coke Bottle
Coca-Cola, or Coke, is a carbonated soft drink manufactured by the Coca-Cola Company. Originally marketed as a temperance drink and intended as a patent medicine, it was invented in the late 19th century by John Stith Pemberton in Atlanta, Georgia. In 1888, Pemberton sold Coca-Cola's ownership rights to Asa Griggs Candler, a businessman, whose marketing tactics led Coca-Cola to its dominance of the global soft-drink market throughout the 20th and 21st century. The drink's name refers to two of its original ingredients: coca leaves and kola nuts (a source of caffeine). The current formula of Coca-Cola remains a closely guarded trade secret; however, a variety of reported recipes and experimental recreations have been published. The secrecy around the formula has been used by Coca-Cola in its marketing as only a handful of anonymous employees know the formula. The drink has inspired imitators and created a whole classification of soft drink: colas. The Coca-Cola Company pr ...
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Product Liability Case Law
Product may refer to: Business * Product (business), an item that serves as a solution to a specific consumer problem. * Product (project management), a deliverable or set of deliverables that contribute to a business solution Mathematics * Product (mathematics) Algebra * Direct product Set theory * Cartesian product of sets Group theory * Direct product of groups * Semidirect product * Product of group subsets * Wreath product * Free product * Zappa–Szép product (or knit product), a generalization of the direct and semidirect products Ring theory * Product of rings * Ideal operations, for product of ideals Linear algebra * Scalar multiplication * Matrix multiplication * Inner product, on an inner product space * Exterior product or wedge product * Multiplication of vectors: ** Dot product ** Cross product ** Seven-dimensional cross product ** Triple product, in vector calculus * Tensor product Topology * Product topology Algebraic topology * Cap product * Cup prod ...
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Supreme Court Of California Tort Case Law
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ...
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Greenman V
The Green Man is a legendary being primarily interpreted as a symbol of rebirth, representing the cycle of new growth that occurs every spring. The Green Man is most commonly depicted in a sculpture, or other representation of a face which is made of, or completely surrounded by, leaves. The Green Man motif has many variations. Branches or vines may sprout from the mouth, nostrils, or other parts of the face, and these shoots may bear flowers or fruit. Found in many cultures from many ages around the world, the Green Man is often related to natural vegetation deities. Often used as decorative architectural ornaments, Green Men are frequently found in carvings on both secular and ecclesiastical buildings. "The Green Man" is also a popular name for English public houses, and various interpretations of the name appear on inn signs, which sometimes show a full figure rather than just the face. Some speculate that the mythology of the Green Man developed independently in the tra ...
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Public Policy (law)
In private international law, the public policy doctrine or (French: "public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change over time. Law regulates behaviour either to reinforce existing social expectations or to encourage constructive change, and laws are most likely to be effective when they are consistent with the most generally accepted societal norms and reflect the collective morality of the society. In performing this function, Cappalli has suggested that the critical values of any legal system include impartiality, neutrality, certainty, equality, openness, flexibility, and growth. This assumes that a state's courts function as '' dispute resolution systems'', which avoid the violence that often otherwise accompanies private resolution of disputes. That is, citizens have to be encourag ...
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Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # b ...
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Melvin Belli
Melvin Mouron Belli (July 29, 1907 – July 9, 1996) was a prominent United States lawyer, writer, and actor known as "The King of Torts" and by insurance companies as "Melvin Bellicose". He had many celebrity clients, including Zsa Zsa Gabor, Errol Flynn, Chuck Berry, Muhammad Ali, The Rolling Stones, Jim Bakker and Tammy Faye Bakker, Martha Mitchell, Maureen Connolly, Lana Turner, Tony Curtis, and Mae West. During his legal career, he won over $600 million in damages for his clients. He was also the attorney for Jack Ruby, who shot Lee Harvey Oswald days after the assassination of President John F. Kennedy. Early life Belli was born in the California Gold Rush town of Sonora, California in the Sierra Nevada foothills. His parents were of Italian ancestry from Switzerland. His grandmother, Anna Mouron, was the first female pharmacist in California. By the 1920s, the family had moved to the Central Valley city of Stockton, California, where Belli attended the now-defun ...
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Hand
A hand is a prehensile, multi-fingered appendage located at the end of the forearm or forelimb of primates such as humans, chimpanzees, monkeys, and lemurs. A few other vertebrates such as the koala (which has two opposable thumbs on each "hand" and fingerprints extremely similar to human fingerprints) are often described as having "hands" instead of paws on their front limbs. The raccoon is usually described as having "hands" though opposable thumbs are lacking. Some evolutionary anatomists use the term ''hand'' to refer to the appendage of digits on the forelimb more generally—for example, in the context of whether the three digits of the bird hand involved the same homologous loss of two digits as in the dinosaur hand. The human hand usually has five digits: four fingers plus one thumb; these are often referred to collectively as five fingers, however, whereby the thumb is included as one of the fingers. It has 27 bones, not including the sesamoid bone, the number o ...
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Thumb
The thumb is the first digit of the hand, next to the index finger. When a person is standing in the medical anatomical position (where the palm is facing to the front), the thumb is the outermost digit. The Medical Latin English noun for thumb is ''pollex'' (compare ''hallux'' for big toe), and the corresponding adjective for thumb is ''pollical''. Definition Thumb and fingers The English word ''finger'' has two senses, even in the context of appendages of a single typical human hand: # Any of the five terminal members of the hand. # Any of the four terminal members of the hand, other than the thumb Linguistically, it appears that the original sense was the first of these two: (also rendered as ) was, in the inferred Proto-Indo-European language, a suffixed form of (or ), which has given rise to many Indo-European-family words (tens of them defined in English dictionaries) that involve, or stem from, concepts of fiveness. The thumb shares the following with each of the o ...
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