Summary Judgment Granted in Product Liability Action

January 1, 2004

Guy R. Gruppie and Holly N. Boyer successfully defended Pokka USA, a brewer/bottler of soft drinks including Arizona Green Tea, in a products liability lawsuit. Plaintiff alleged that the bottle he purchased at a local supermarket was adulterated with an insect, which caused mold to develop in the drink. He further claimed that upon consuming part of the bottle, he swallowed mold-containing liquid, leading to the development of severe gastrointestinal problems. Pokka denied that the product was in any way contaminated when it left its possession, and denied that any of plaintiff's symptoms were caused by alleged exposure to mold.

The court granted the defense's Motion for Summary Judgment, determining as a matter of law that plaintiff's complaints could not have been caused by ingestion of the tea product. Central to the court's findings were the plaintiff's own medical records, including a laboratory assessment of a sample of the tea, which was found to include no contaminants.