She suffered a deep five-inch cut, which severed the blood vessels, nerves, and muscles of the thumb and palm of the hand.

Escola was represented at trial by legendary litigator Melvin Belli, then in the early stage of his career.

Upon an examination of the record, the evidence appears sufficient to support a reasonable inference that the bottle here involved was not damaged by any extraneous force after delivery to the restaurant by defendant.

[Escola, 24 Cal.2d at 459]Furthermore, even though the defendant produced evidence to rebut the inference of negligence that arises upon application of the doctrine of res ipsa loquitur by discussing its safety testing procedures, Gibson ruled that the question was properly submitted to the jury and did not modify the jury's verdict.

Justice Roger Traynor concurred in the judgment but argued that instead of deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers.

Basing his reasoning heavily on earlier cases (especially MacPherson v. Buick Motor Co.), Traynor argued that public policy demanded "that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market."