Bailey v. Safeway, Inc.

Opinion

RUVOLO, P. J.

I

INTRODUCTION

After appellant Jerry Bailey (Bailey) suffered an eye injury when a bottle of Cook’s Champagne exploded as he was erecting a sales display in one of *209respondent Safeway, Inc.’s (Safeway), stores, Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. (Saint-Gobain), for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway under that same theory and for negligence. Bailey settled with Saint-Gobain and others for $1 million plus an assignment of Saint-Gobain’s equitable indemnity rights…