Hagan V Coca-Cola Bottling Summary

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Hagan v. Coca-Cola Bottling Co. Facts The sisters, Linda Hagan and Barbara Parker, were both agreed that the taste of the Coke that they drank from a bottle is flat. As Hagan held the bottle up to the light, she and Parker thought that a used condom with “oozy stringy stuff coming out on top” was inside the bottle. In return, both women were distressed because they had consumed some foreign material, and Hagan immediately became nauseated. The next day, the two concerned women went to the health care facility; there were given shots and tested for HIV as per advised by the medical personnel of the facility. However, the results of the HIV test at that time they went to the facility and after six months were both negative. The sisters filed …show more content…

Similar to the sisters’ observation, the analyst initially thought that the foreign material that was floating in the bottle was a condom, however, upon examination, he was scientifically certain that the foreign object was a mold. As the trial ended, the jury favored the plaintiffs, awarding them $75,000 each. Nevertheless, the trial court decreased the jury award to $25,000 each to Hagan and Parker. Both involved parties appealed to the Fifth District Court Appeals. The appellate court concluded under the case law concerning the impact rule -that the sisters had not established a claim because they did not suffer a physical injury. The appellate court reversed the jury award. Issues Whether Florida’s courts should abolish or amend the impact rule concerning a plaintiff in a negligence case could not recover damages for emotional harm unless some impact produced physical injury to the body? Holdings Although, many states had abolished the “impact rule,” Florida still follows to the rule. However, the court concluded that there was an impact and that the impact rule does not preclude the claim. Moreover, the court rephrased the certified question to whether the impact rule bars the claim for damages for emotional distress caused by the consumption of a foreign substance in a beverage product where the plaintiff suffers no accompanying physical injuries.

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