Legal Opinion

Patricia Venezia, Individually, and as She is Next Friend of Louis Venezia, a Minor v. Miller Brewing Company

Court of Appeals for the First Circuit

Decided July 18, 1980No. 80-1036PublishedCited by 37 opinions

1Opinion of the Court

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiff appeals the district court’s dismissal, for failure to state a claim, of the complaint filed in this diversity action. See Fed.R.Civ.P. 12(b)(6). The complaint charged Miller Brewing Company and three manufacturers of glass products with negligence, gross negligence and breach of warranty in connection with the design and manufacture of a glass bottle used as a container for Miller Beer. 1 The complaint alleged that plaintiff, then eight years of age, was playing with friends near his home when he “found a non-returnable Miller High Life clear glass…

2Cases cited13 opinions

  1. Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968
  2. Back v. Wickes Corp.Massachusetts Supreme Judicial Court · 1978
  3. Mieher v. BrownIllinois Supreme Court · 1973
  4. William L. O'Brien v. Robert J. DigraziaCourt of Appeals for the First Circuit · 1976
  5. Smith v. Ariens Co.Massachusetts Supreme Judicial Court · 1978

8 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Nieves v. University of Puerto RicoCourt of Appeals for the First Circuit · 1993
  2. Cigna Insurance v. OY Saunatec, Ltd.Court of Appeals for the First Circuit · 2001
  3. In re Carrier IQ, Inc.District Court, N.D. California · 2015
  4. Williams v. Beechnut Nutrition Corp.California Court of Appeal · 1986
  5. John T. Demars v. General Dynamics CorporationCourt of Appeals for the First Circuit · 1985

32 more not listed; retrieve them via the Exa API.

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