Barrix attorney Timothy VandenBerg filed the lawsuit on Stillson’s behalf Friday in Ottawa County Circuit Court.
Stillson was at home on June 6 when he started opening a bottle of “beer-ale” manufactured by the Thirsty Dog Brewing Co. of Akron, Ohio, Barrix said.
“When upon opening the bottle, there was an explosion resulting in the bottle cap striking the plaintiff in the face,” the lawsuit reads.
“He had a bottle opener,” Barrix clarified.
In addition to the facial injuries, the lawsuit claims that Stillson incurred “pain and suffering, medical expenses, and other economic loss, fright and shock.”
“Essentially, it is a product liability type of matter,” Barrix said. “Just like if you put rancid meat in the market place, you have the same type of responsibilities.”
Barrix said the company has a duty to exercise reasonable care.
“Therefore, they breached their duty on that, resulting in injuries,” the attorney said.
Barrix said now that the lawsuit has been filed, there will be discovery — which is written information going back and forth between the two sides. That could be followed by depositions of the medical personnel involved in the case, Stillson and the brewing company, the attorney said.
The lawsuit says that the amount in controversy exceeds $25,000 — “exclusive of interest, costs and fees.”
Thirsty Dog Vice President John Najeway said they were not aware of this incident until Tuesday when they received a copy of the complaint. Najeway said he could make no further comment at this time.
To read the entire lawsuit, click on the PDF below: