Holloman v St. Kitts Bottling Company Ltd

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 30 March 1993
• Neutral Citation: KN 1993 HC 7
• Docket Number: No. 136 of 1992
• Date: 30 March 1993

High Court

Hylton, J.

No. 136 of 1992

Holloman

and

St. Kitts Bottling Co. Ltd.

Appearances:

Messrs. N. Butler and H. Benjamin for the plaintiff

Messrs V. Veira and L. Grant for the defendant

Tort - Negligence — Whether defendant company liable for plaintiff's injury — Plaintiff eating cake and sipping from bottle of fanta — Near end of drink he felt a sticking in his mouth — Medical testimony: injury to plaintiff's palate could have been caused by something he bit on in the cake or drank from the bottle — Cause of injury left in doubt — Plaintiff failed to establish injury caused by negligence of defendant company.

Hylton, J.

1 By Writ filed 10 ^th June, 1992 the plaintiff claims as follows:–

1

The plaintiff is a painter by trade and he resides at John England Village in the Parish of St. Peter in the Island of Saint Christopher. 2. The defendant is a limited liability company duly incorporated under the laws of the Federation of St. Christopher and Nevis whose registered office is situated at South Independence Square Street in the town of Basseterre in the Island of Saint Christopher aforesaid. 3. The defendant company is the manufacturer and distributor of an aerated soft drink known as orange, and reaches the consumer in bottles mark “Fanta” with a view to its immediate use. 4. On or about the 5th day of February, 1992, at about 9:15 a.m. the plaintiff bought a bottle of the said drink from a Mr. William Nisbett, a well, known business man at Liverpool Row in the town of Basseterre as aforesaid. Owing to the negligence of the defendant company, its servants or agents in the manufacture, preparation or bottling of the said drink purchased by the plaintiff as aforesaid, was in a defective and dangerous condition in that the plaintiff was injured by splinters of glass which came from the said Fanta bottle while be was consuming it's contents. 5. The plaintiff is unable to give particulars of the defendant company's negligence but will rely on the said defective and dangerous condition of the said Fanta bottle its contents and on the fact that the defendant company, its servants or agents could not when selling the said aerated drink have reasonably anticipated that there would be an examination of the same before the use thereof by the ultimate consumer, and further that the defendant company its servants or, agents known or ought to have known that the absence of reasonable care in their manufacture, preparation or bottling of the said aerated drink would result in injury to such consumers. 6. Before the said Fanta bottle with its contents was handed to the plaintiff for consumption it was secured by a stopper; Mr. William Nisbett then opened same and handed it to the plaintiff who began drinking, while drinking the said aerated drink the plaintiff felt something stuck in the roof of his mouth. He immediately stop drinking the drink and proceeded to examine his mouth where he found a piece of splinter stuck therein. The plaintiff also felt gravel-like matter while he was consuming the said drink. The plaintiff took the said piece of splinter from his palate and showed Mr. Nisbett, who took the said piece of splinter from the plaintiff along with the bottle with the remaining portion of the said drink. The plaintiff and Mr. Nisbett then proceeded to examine the said bottle. The plaintiff thereafter proceeded to seek medical attention. 7. As a result of consuming a considerable portion of...