Plaintiff's Verdict of Zero ($0.00) in $22,000,000 Product Recall Products Liability Claim Sustained
Shasta Beverages claimed that its Sun Tea’s total failure and recall, measured by $2,000,000 inventory and out of pocket costs and $20,000,000 in commercial loss of profits, warranted some $ verdict. The jury found (after a four- week jury trial) a technical warranty violation by the Defendant Tetley Tea, but also found that Defendant had successfully offered a complete defense to any causation or damages. Tetley mistakenly marketed tea as “made in the USA under Best Manufacturing Practices” when the tea had been grown, produced and packaged in South America. Shasta claimed that the tea contained certain imperfections which caused all of Shasta’s “Sun Tea” to spoil and to be recalled. Tetley countered with evidence of Shasta’s errors and omissions, as well as proof, through experts in microbiology, food science, sanitation, international and national tea and beverage marketing, cost accounting and market trends, and successfully, completely, rebutted those claims.
Shasta Beverages, Inc. v. Tetley USA, Inc., 248 Ga.App. 381, 546 S.E.2d 800 (2001); Petition for Cert. Denied.
Counsel for Defendant: Steve Cotter