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California Personal Injury Lawyers File Products Liability Injury Action Against Pepsi
Los Angeles, CA (Vocus) January 20, 2010
The California personal injury lawyers of BISNAR | CHASE (www.BestAttorney.com ) have filed a products liability injury lawsuit against Pepsico, Inc., The Pepsi Bottling Group, Inc., Metal Container Corporation and New Albertson's, Inc. The suit alleges that a Diet Pepsi can exploded in the hand of Lynda Ryan, causing the opening tab at the top of the can to break loose and fly at a high rate of speed into Ms. Ryan's left eye, causing catastrophic damage to her eye resulting in essentially 100 percent vision loss. The action was brought against the aforementioned defendants by the plaintiff, Lynda Ryan.
Alleged Defective Pepsi Product Causes Severe Personal InjuryAccording to court records, Lynda Ryan purchased a 12-pack of Diet Pepsi from Albertson's retail outlet in Blythe, California, several days before July 9, 2008 and placed the cans of soda in an ice chest in the back of her vehicle. Over the next few days, the plaintiff consumed most of the beverages without incident and without any indication there was a problem with the cans. On July 9, 2008, Lynda removed one of the three or four remaining cans of soda and, with a normal movement that did not involve excessive shaking or any other act that would cause the carbonated beverage inside to become excessively stimulated, she began to lift the pull tab to open the can. Before this movement was completed, however, the can exploded, causing the piece of the top which usually opens downward and stays attached to the can to instead break off and fly into Lynda's left eye, causing traumatic eye injuries and resulting in essentially 100 percent loss of vision.
"We're alleging that Pepsico, Inc., The Pepsi Bottling Group, Inc., Metal Container Corporation and New Albertson's, Inc. knew or should have known there were inherent vices and defects in the design and manufacturing of Pepsi's containers," said Brian Chase, California personal injury lawyer and partner at BISNAR | CHASE. "We allege that, in order to save money, the defendants used thinner and thinner thicknesses of the metal used to make the cans and top until it reached the point that the metal would unexpectedly break under normal pressure and usage by consumers, thereby putting profits over the safety of its customers."
Chase further alleges that each of the defendants in this case breached their duty of care by placing into the stream of commerce a defective and unsafe product for the use in which it was intended -- a product that was dangerous to Ms. Ryan as well as consumers who would use it in a normal fashion.
Plaintiff Suffers Extreme Pain, Extensive Medical ProceduresAs a result of this incident, Lynda Ryan suffered severe globe rupture, extensive corneal laceration, lens destruction, corectopia traumatic cataract, uveal prolapse, vitreous prolapse and corneoscleral rupture resulting in essentially 100 percent vision loss in her left eye. Lynda has undergone, and will continue to undergo, extensive necessary medical diagnosis and treatment procedures. What's more, Ms. Ryan has suffered, and will continue to suffer, severe pain and mental suffering. "It's not presently known whether the loss of Ms. Ryan's vision will be permanent in whole or in part, and this will not be known until all necessary medical procedures have been substantially completed," said Chase.
The action seeks economic damages for the catastrophic injuries sustained by Lynda Ryan, including ongoing medical costs and loss of income due to her injuries, and damages for her permanent pain, suffering, disfigurement and mental anguish. The lawsuit is pending in the Superior Court of California, County of Los Angeles, case # YC058827.
About BISNAR | CHASE
The BISNAR | CHASE law firm's personal injury lawyers represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging serious injury defective product cases against a number of Fortune 500 companies. For more information, please visit www.ProductDefectNewsAndAdviceBlog.com . Get a complimentary copy of The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.
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