Giacomo Lopez was carrying a six-pack in a Stop & Shop Supermarket when the bottom of the packaging gave way and the bottles ended up on the floor. After he slipped and fell, Lopez sued the store, together with the companies that were responsible for delivering the beer--Manhattan Beer Distributors, LLC and Manhattan Beer Distributors, Inc.
During the course of pre-trial questioning, a sales manager for the distributors explained that one of their employees was responsible for stocking the store's refrigerators, and was charged with checking the products' packaging. (The manager also indicated that wet cartons were supposed to be removed from the display case by that employee.)
When the Queens County Supreme Court denied their request to have the case thrown out, the distributors appealed. And because they couldn't prove that they didn't know about the packaging's condition, the Appellate Division, Second Department, agreed that the case needed to proceed to trial.
Bet that aled them.
To view a copy of the Appellate Division's decision, please use this link: Lopez v. Stop & Shop Supermarket Co., LLC