National Beverage Corp. v. Costco Wholesale Corp.

National Beverage Corp. (National Beverage) and Shasta Beverages, Inc. (Shasta) appeal from the final summary judgment entered in favor of Costco Wholesale Corp. (Costco) on a claim of indemnity.

Plaintiffs Atlants Importaeao and FAPI Enterprises Corp. brought an action for breach of implied warranty and breach of warranty of fitness for a particular purpose against Costco for alleged defects in eight 20-foot containers of a soft drink known as “Simply Soda.” The plaintiffs alleged that the soda was purchased from Costco and shipped from Miami to Brazil, and after much of it was distributed in…