Spinetta v. Complete Welders Supply
Plaintiff appeals from a judgment denying relief after a court trial in an action seeking damages for destruction of 13,548 bottles of spoiled wine. Spinetta blamed the destruction on the exposure of the wine to sulfur dioxide, oxygen, and possible other gases from a nitrogen gas cylinder supplied by defendant Complete Welders Supply. The trial court found that the spoilage was not caused by exposure to the gas from the cylinder. Spinetta contends the trial court erred in failing to award partial damages after finding that some of the wine was exposed to the contents of the cylinder. He contends that there is no substantial evidence to support the finding that only part of the wine was exposed to gas from the cylinder. He contends that the trial court erred in failing to place the burden of proof of lack of causation on Complete Welders Supply or in failing to find he satisfied the burden of proof of causation under the doctrine of res ipsa loquitur. Court affirm the judgment.
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