Monday, May 4, 2009

Miller settles lawsuit over exploding beer bottle


The federal court has dismissed with finality a Nepalese couple's lawsuit against the Milwaukee-based Miller Brewing Co. over an alleged exploding beer bottle that caused permanent vision loss to the husband's right eye.U.S. District Court for the NMI Chief Judge Alex R. Munson on Tuesday dismissed the lawsuit filed by Hari Bahadur Bhujel and his wife, Dhan K. Bhujel, after the parties reached a settlement agreement.The Bhujel couple, through counsel David G. Banes, and Miller Brewing Co., through attorney John D. Osborn, asked the court to dismiss the matter.In granting the request, Munson said the court shall retain jurisdiction over the parties and the lawsuit for purposes of obtaining and entering an order in aid of judgment to enforce the terms and provisions of the settlement agreement if the need arises.Munson said the parties shall bear their own costs and attorneys' fees.The judge closed the file and ruled that any pending motions are dismissed as moot.In September 2006, the Bhujel couple filed a $2-million lawsuit against Miller Brewing Co., the manufacturer of Miller MGD Beer. The plaintiffs sued the company for negligence, negligent infliction of emotional distress, breach of implied warranty, violation of the Consumer Protection Act, and loss of consortium.Hari Bahadur Bhujel was working as a bartender in AJ's Restaurant in Susupe.According to Banes, on Sept. 24, 2004, while Bhujel was doing a routine check of the beer supply and was opening a cooler to count the number of beers inside, a Miller MGD beer bottle exploded in his face.Glass shrapnel of the bottle hit Bhujel's right eye, causing laceration and extensive damage.An opthalmologist determined that Bhujel lost 85 percent of his central vision, Banes said.

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