Florida Record

Wednesday, July 17, 2019

Red Bull wins ruling against suit claiming improper training led to woman's injury from falling product at C-store


By Shanice Harris | Mar 22, 2019

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FORT MYERS, Fla. -- The U.S. District Court Middle District of Florida has ruled in favor of Red Bull Distribution Company after it filed a motion to dismiss a woman's allegations that she was struck in the head by a container of the energy drink after it fell from a Florida convenience store shelf.

In November 2018, Cassandra Harrison filed a complaint against Red Bull, alleging negligence and premises liability. According to the court documents, Harrison said in April 2018, she was a customer at the Circle K convenience store in Port Charlotte. While shopping, the suit says, she was struck in the head after a Red Bull product allegedly fell from a cart, causing her injuries.

The plaintiff also named Circle K and a nondisclosed Red Bull employee who was delivering the products during the time of the alleged incident. Red Bull filed the motion to dismiss the plaintiff's claims after "failure to state a claim, or in the alternative, for a more definite statement," according to court documents.

U.S. District Judge John Steele ruled Harrison may have reasonable cause to believe the "John Doe" employee was insufficient in training, but Red Bull's motion to dismiss the neglect count was granted. However, Steele said if Harrison can amend her complaint within 14 days of the opinion and order - providing more evidence for her negligence claims - then the court will reconsider.

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U.S. District Court for the Middle District of Florida

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