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Gann v. Anheuser-Busch, Inc. and Falls Distributing

After being injured in a fight, the appellant sued several entities associated with the production and distribution of a long-neck bottle. The appellant failed to address the majority of factors enumerated in Tokai Corp. and Timpte Indus. Inc. , and, consequently, to produce any evidence on these factors, in arguing that because the risk of injury from a longneck bottle outweighs its utility, the bottle was defectively designed so as to render it unreasonably dangerous. The trial court's grant of summary judgment to the appellees is affirmed. El Paso Court of Appeals, No. 08-11-00017-CV, 07-25-2012.

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OPINION

In this case, the issue we must address is whether the Appellees, the manufacturer and seller and the distributor of a “longneck” glass beer bottle, are liable for the injuries sustained by Appellant when she was struck in the face by a patron at a bar wielding the bottle as a weapon.Concluding that Appellant has failed to produce more than a scintilla of evidence that the longneck bottle was defectively designed so as to render it unreasonably dangerous and failed to establish that Appellees owed her a legal duty to protect her from the criminal acts of a third person, we affirm.

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