Williams v. Beechnut Nutrition Corp.

Bad Law
185 Cal. App. 3d 135·1986 Cal. App. LEXIS 1994·229 Cal. Rptr. 605·2 U.C.C. Rep. Serv. 2d (West) 1252
Court of Appeal of CaliforniaSeptember 4, 1986B017875California1,933 words

Opinion

Opinion

Eagleson, J.

Daniel Williams, through his guardian ad litem, appeals from a judgment of dismissal entered after a demurrer to his fourth amended complaint was sustained without leave to amend. Of primary concern is whether a glass juice bottle intended for use by infants can be considered a defective product because of its susceptibility to breakage and the resultant foreseeability of injury to its intended user. We answer in the affirmative and reverse the judgment.

Facts and Procedural History

Daniel’s complaint is comprised of four uncaptioned causes of action, the core allegations of which follow. Daniel’s parents purchased an eight-ounce bottle of apple juice to feed three-and-one-half-year-old Daniel. The bottle was constructed of glass, shaped like a “baby bottle,” and was equipped with a screw top mouth that could accommodate “plastic and rubber type screw on nipples commonly used by infants to drink the liquid from the bottle.” Additionally, the bottle was designed, manufactured, packaged, distributed and advertised by Beechnut Nutrition Corporation (Beechnut).

On the date it was purchased, the bottle was given to Daniel with the intention that he drink from it as a “baby…

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