
Champagne bottle injury 480


Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Bailey v Safeway, Inc. 199 Cal.App.4th 206 (1/4) (2011) While Bailey set up a Safeway sales display, an exploding champagne bottle injured him. San-Diego-Auto-Accident-lawyer He sued Safeway, bottle manufacturer, et al. for strict liability design defect. Trial against Safeway only, finding Safeway not negligent but liable for design defect. Bailey settled with manufacturer for money and assigning its equitable indemnity rights against Safeway. Bailey again sued Safeway based on manufacturer’s assignment. Demurrer sustained, affirmed. [1] Bailey is collaterally estopped from relitigating Safeway’s negligence. [2] Defective product’s manufacturer cannot seek equitable identity against a retailer whose fault is based only on that theory. [3] No reasonable possibility the complaint can be amended to state a claim, especially where Bailey does not show how it could be amended. San Diego personal injury attorney.