Shoshone Coca-Cola Bottling Co. v. Dolinski
Supreme Court of Nevada
420 P.2d 855 (1966)
Leo Dolinski (plaintiff) found a decomposed, hairy mouse in a bottle of Squirt manufactured by Shoshone Coca-Cola Bottling Company (defendant) and sued for strict tort liability; Shoshone argued Dolinski failed to prove the mouse was present when the bottle left its plant, since its bottle-washing process used heat and solution that would have removed any hair on a mouse present at that stage, and separately argued Dolinski bore the burden of ruling out post-manufacture tampering. The jury found for Dolinski, awarding $2,500, and Shoshone appealed.
Whether a plaintiff may establish strict tort liability against a defendant-manufacturer and distributor of a bottled beverage if the plaintiff can establish that the injury was caused by a defect in the product and that this defect existed when the product left the hands of the defendant.