Fiorini v. City Brewing Co.
Annotate this CasePlaintiff filed suit against City Brewing after his college-age son was shot to death by police after drinking two 23.5 cans of Four Loko. Plaintiff alleged that City Brewing, the company that brewed, bottled, and labeled Four Loko, was negligent and strictly liable for his son's death. The trial court granted City Brewing's motion for judgment on the pleadings. The court concluded that City Brewing did not "furnish" the beverage to the son and, therefore, the civil immunity in California's dram shop statutes did not extend to City Brewing; judgment on the pleadings cannot be upheld based on the statutory immunity that bars product liability claims for certain inherently unsafe common consumer products, Civ. Code 1714.45, subd. (a); the allegations about the interactive effect of Four Loko's ingredients preclude the court from finding, as a matter of law, that Four Loko's combination of alcohol and stimulants constitutes a "common consumer product" within the meaning of section 1714.45, subdivision (a)(2); and, therefore, the court reversed and remanded for further proceedings.
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