Defense Verdict in Injury Claimed Due to “Falling Beer Can”
Sykes v. Albertsons; Straub Distributing (Budweiser Distributor)
Venue: California - Orange County Superior Court
Verdict: Defense verdict
Type of Case: Personal injury
Party Represented: Albertsons, Inc.
A 69-year-old plaintiff claimed that when she opened a beer cooler at an Albertsons in Mission Viejo, a can of Budweiser fell and hit her on the head, causing a 3 cm scalp laceration that had to be closed by staples, a concussion, and post-concussion symptoms including dizziness that lead to other falls, ankle surgery and renal failure. Just prior to trial, plaintiff finally stipulated that the other falls, ankle surgery and renal failure were unrelated. Albertsons contended that plaintiff's version of the can falling on her without any attempt by plaintiff to grab it was a physical impossibility due to the time in which it takes to open the door and the time it takes a can to fall about 12". Our client received a defense verdict.
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