D. Re DeLong v. Raley’s And Lorina, Inc.

Richard Jacobson successfully defenses products liability action and recovers defense costs.

Plaintiff sustained a laceration to her eye caused by glass following the breakage of a bottle of Lorina Carbonated Fruit Soda in a Raley’s Supermarket in Granite Bay, California. Lorina, Inc. was the purveyor of the soda bottle involved in the incident.  Raley’s offered the product for sale in its beverage aisle.  Richard Jacobson  successfully defended Lorina and Raley’s in this product liability action.

Plaintiff contended that the glass bottle involved in this incident was defectively designed and violated the reasonable expectations of the ordinary consumer. Plaintiff contended that her injuries severely impacted her quality of life. Her injuries allegedly prevented her from reading for recreation, hiking, and biking. Mr. Jacobson was able to show that the product was not defective and did not violate the expectations of the ordinary consumer. Further, Defendants demonstrated that, in the months before the incident, Plaintiff complained of intense headaches caused by reading on the job.

At mediation, Plaintiff demanded $750,000 in general and special damages.  Immediately before trial began, Plaintiff reduced her offer to $199.999.00.  Defendants offered $130,000.00.  Defendants were given a defense verdict and awarded $9,694.27 in costs and fees.