Julia Ellis vs. Harrah’s Entertainment, Inc., et al

Case Background

On September 24, 2019, Plaintiff   Julia Ellis filed a Product Liability lawsuit in the Superior Court of County of San Fransico, California State(Case number: CGC-19-492882). Ernest H. Goldsmith presided over this case.

Cause

On December 2, 2007, Julia Ellis suffered a horrific incident at the Harveys Lake Tahoe Hotel and Casino that changed her life forever. What started as a simple request for water turned into a nightmare of corporate negligence and product liability. The personal injury case exposed significant failures in product safety and consumer protection, leading to severe consequences for an unsuspecting patron.

At approximately 2:00 p.m., Ellis approached the California Bar inside the hotel. She asked bartender Barry Givan for a bottle of water. Givan handed her a 12-ounce bottle labeled “HARRAHS PURIFIED DRINKING WATER,” manufactured by Niagara Bottling, LLC. The bottle appeared normal, giving Ellis no reason to suspect the dangerous contents inside.

Injuries

Ellis immediately felt an excruciating burning sensation upon drinking the liquid, which ravaged her mouth, tongue, and throat. Instead of water, the bottle contained a caustic cleaning agent. The toxic substance caused severe internal damage, particularly to her esophagus, creating a medical emergency that required extensive treatment and posed the risk of long-lasting physical harm.

Damages

Ellis sought significant damages for her injuries. Her legal claim included special damages to cover medical expenses, general damages for physical pain and suffering, compensation for potential loss of income, and coverage for all past and future medical treatments. She also pursued prejudgment interest to address the financial impact of her injuries.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Julia Ellis
    • Counsel for Plaintiff: Christopher B. Dolan | John Graves
  • Defendant(s): Barry Givan | Harrah’s Entertainment, Inc. | Harrah’s Operating Company, Inc. | Harvey’s Lake Tahoe | Harvey’s Tahoe Management Company, Inc. | Harveys Lake Tahoe | Harveys Tahoe Management Company, Inc. | Niagara Bottling, LLC
    • Counsel for Defendants: Donald Wayne Carlson | Robert H. Zimmerman

Claims

Ellis filed a comprehensive lawsuit against multiple defendants, including Harrah’s Operating Company, Harveys Tahoe Management Company, Harrah’s Entertainment, Harveys Lake Tahoe, Niagara Bottling, LLC, and Barry Givan. The lawsuit outlined four primary legal claims:

  • Negligence: Alleging the defendants failed to exercise reasonable care in manufacturing, designing, and providing a safe product.
  • Strict Product Liability: Claiming the water bottle was defective and unsafe in its design, manufacture, and packaging.
  • Breach of Implied Warranties: Asserting the defendants breached the implied warranty of merchantable quality.
  • Breach of Express Warranty: Stating the defendants’ explicit promises about the product were false and misleading.

Defense

Niagara Bottling, LLC presented multiple defenses against Ellis’s claims. The company argued that Ellis bore partial responsibility for her injuries through comparative negligence and failed to mitigate potential harm. They claimed other parties might share fault for the incident and asserted Ellis voluntarily assumed certain risks.

Further, they denied making any warranties and argued that any contract claims had been satisfied or discharged. They contended the complaint failed to state a valid cause of action and might be barred by the statute of limitations. Additionally, the company maintained they had no actual or constructive notice of any defects and that Ellis or others might have used the product in unforeseeable and unreasonable ways. The defense sought to dismiss the complaint, allocate fault proportionally, and recover costs or any other relief deemed appropriate by the Court. Despite these efforts, the case became a notable example of how product liability litigation can shape accountability.

Jury Verdict

On November 16, 2024, the jury ruled against the defendants. They awarded Julia Ellis $3 million in damages, including $2 million for her past pain and suffering and $1 million for future pain and suffering. The verdict highlighted the importance of enforcing product liability laws to prevent similar tragedies.

Court Documents:

Available Upon Request