Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Containers and the related topic of product liability.   

1974 Lynchburg Coca-Cola Bottling Co. v. Reynolds, 215 Va. 1, 205 N.E.2d 396.

Plaintiff became ill from drinking cola with mold and other foreign substance in bottle. Verdict for $3,000 deemed excessive.

1966 Pepsi-Cola Bottling Co. v. Yeatts, 207 Va. 534, 151 S.E.2d 400.

Exploding bottle case. Negligence not shown. Speculation, conjecture, mere accident, and res ipsa loquitur discussed.

1951 Robey v. Richmond Coca-Cola Bottling Works, 192 Va. 192, 64 S.E.2d 723.

Mere breaking of carton holding soda bottles without showing when defective condition arose is not sufficient to establish negligence.

1949 Pepsi-Cola Bottling Co. v. McCullers, 189 Va. 89, 52 S.E.2d 257.

If foreign substance was in product when it left defendant’s custody, then this is evidence of negligence.

1949 Norfolk Coca-Cola Bottling Works, Inc. v. Land, 189 Va. 35, 52 S.E.2d 85.

Foreign substance in untampered food or beverage packages are in themselves evidence of negligence. This makes out prima facie case; may be rebutted by evidence of high degree of care.

1944 Blythe v. Camp Mfg. Co., 183 Va. 432, 32 S.E.2d 659.

When retail dealer sells food (not in sealed packages) for immediate use, then is implied warranty that it is fit for human consumption. This warranty imposes no liability on seller to third person who is not party to sale. For authorities on implied warranty as it relates to resale of sealed item bearing labels of reputable manufacturer, see 183 Va. 442.