INTERNATIONAL KNIGHTS OF WINE v. BALL CORP.

Docket No. 56232.

110 Cal.App.3d 1001 (1980)

168 Cal. Rptr. 301

INTERNATIONAL KNIGHTS OF WINE, INC., Plaintiff and Appellant, v. BALL CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

October 7, 1980.


Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, Richard Chernick and Thomas E. Holliday for Plaintiff and Appellant.

La Follette, Johnson, Schroeter & De Haas, Alfred W. Gerisch, Jr., Carey B. Moorehead, Veatch, Carlson, Quimby, Nelson & Kohrs, James R. Nelson and Herbert F. Blanck for Defendants and Respondents.


OPINION

ROTH, P.J.

Appellant International Knights of Wine, Inc. (IKW) purchased bottled wine from Nave Pierson Winery, Inc. (Nave) to be marketed under IKW's label and trade name. Subsequently it discovered the wine was damaged and unmarketable, apparently as the result of corrosion of the metal caps which sealed the bottles. It sued Nave for the resulting damage in May of 1975, inter alia, on counts of negligence,

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