California Court of Appeal

In this product liability case brought against defendant City Brewing Company for the police shooting death of plaintiff's son after his son had consumed two cans of the alcoholic canned drink, Four Loko, judgment on the pleadings is reversed and the case remanded, where: 1) civil immunity in California's dram shop statutes does not extend to defendant, as the complaint does not allege that defendant exercise any control over the Four Loko cans after delivery to a regional distributor or that defendant took any affirmative step to supply Four Loko to the son; and 2) though alcohol is an inherently unsafe common consumer product for which product liability claims are barred, the allegations about the interactive effect of Four Loko's mixed alcohol and stimulant ingredients preclude a finding that Four Loko constitutes a "common consumer product" under Civil Code section 1714.45(a)(2).

Appellate Information

• Decided 11/06/2014
• Published 11/06/2014

Judges

• Cornell

Court

• California Court of Appeal

Counsel