First Thread Discussion:
The case of Lizzie Young et al. v. Coca-Cola Bottling Company of Rhode Island
In the Young v. Coca-Cola Bottling Company case, Lizzie Young had claimed to become sick after consuming a portion of a bottle of Coca-Cola. This case was filed alleging two counts of negligence and one count of breach of an implied warranty of fitness for human consumption. The question before the court was whether or not the defendant had been negligent in the preparation and packaging of the Coca-Cola. According to Ms. Young the facts are that on the morning of October 20, 1965, Lizzie Young bought a bottle of coco cola from a dispensing machine which was located at her workplace. When she returned to her work station, she took a sip of the drink she discovered the drink had a “funny taste” and she told two of her co-workers. When they examined the bottle, they observed a “white thing” at the bottom of the bottle which they believed to be ice. A few minutes later she again took two or three swallows of the beverage and then said, “There is some kind of strong medication in this bottle”. She then went to the kitchen and consumed a large quantity of milk. Around 6 a.m. she left her place of employment and drove herself to the hospital. The jury found for the defendant on the two counts of negligence, and for the plaintiff on the count of breach of an implied warranty of fitness for human consumption. Ms. Young was awarded damages in the amount of $3,500 and consequential damages to plaintiff, Eddie F. Young in the amount of $500. The courts have long debated implied warranty of fitness for human consumption. When Ms. Young took the first drink of the Coca-Cola and it tasted funny, did she relinquish her right to claim breach of implied warranty of fitness by taking another two or three swallows of the product? In my opinion, I don’t believe she relinquish her right like anyone else, to confirm their suspicions I would expect if something tasted funny they would try it once more to confirm so I agree with the courts ruling.
Second Thread Discussion:
The case I have chosen to write about is 99 F. 3d 1129 - Goldman v. Food Lion Incorporated G Goldman. In this lawsuit the plaintiff Marion Goldman purchased a can of Food Lion brand peach halves at a Food Lion supermarket in Chesapeake, Virginia in November of 1993. While eating the peaches she bit down on a peach pit fragment, fracturing her lower denture and causing injury to her mouth. The question of law before the court was did Food Lion breach an implied warranty of "fitness for human consumption" by containing the peach pit? The judge ruled that the peach pit fragment included with pitted peach halves did indeed render the peaches unfit for human consumption. Finding that Goldman was awarded $12,000 in medical expenses as a result of the injury and rendered a verdict in her favor for $20,000. Food Lion appealed this ruling claiming that it did not conform to Virginia law, which imposes liability on the retailer of a food product only for matter which is foreign and deleterious, and thereby causes injury to a customer. Virginia law does not render a retailer strictly liable for injuries caused by its food products. I do not agree with this appeal because if the retailer is not responsible for its packages than there is no purpose of The Uniform Commercial Code of fitness for human consumption. I am in favor of the judges ruling because the package clearly stated the product was pitted and therefore should not have posed as a danger to the consumer.
Respond to these two threaded discussion. Each threaded discussions in a paragraph. Read and respond to at least two other students' posts. In your responses, identify similarities and differences in the case you researched (order 36548) compared to the cases selected by the two threads above. Indicate whether your opinion regarding the court's ruling in the case you researched has changed based on court decisions or other opinions posted by fellow students.
If differences of opinion occur, debate the issues professionally and provide examples to support your opinions.
Please write in basic English as I am an international students as my English is my third language.