BAKERSFIELD, CA - An appeals court has made a ruling in the death of a Bakersfield man shot to death by Fresno police in 2010. The ruling says his family can sue the makers of the alcoholic-energy drink, Four Loko, which he consumed just before he was killed.
Rod Fiorini, 23, was shot to death by police after they say he was drunk and firing a shotgun in a back yard when his roommates called police for help.
The appeals court says as officers arrived, Fiorini stepped out on his porch with a shotgun resting on his shoulder, but he never fired. However, eight officers fired 63 shots killing Fiorini.
The family of Rod Fiorini blamed the drink "Four Loco" for his strange and violent behavior. So in 2011, the family filed a lawsuit here in Fresno County, against the manufacturers of the drink. This beverage also known as "liquid cocaine" and "blackout in a can," contained as much alcohol as five to six 12-ounce cans of beer and as much caffeine as approximately four cans of Coca-Cola.
The Fiorni's say that combining alcohol, with caffeine and other stimulants created a product that was unreasonably dangerous, increasing high-risk behavior.
In 2013, a Fresno Superior Court judge threw the case out, agreeing with the manufacturer that the company could not be held responsible for how the product was used. But last week, the Fifth District Court of Appeals disagreed, reinstating the case.
Four years since Fiorni's death, Four-Loko was sued in 20 states, each with allegations similar to the Fiorinis. In March of this year, the company agreed to discontinue manufacturing. 17 news tried reaching out to both parties, but have not heard back.
Rod Fiorini, 23, was shot to death by police after they say he was drunk and firing a shotgun in a back yard when his roommates called police for help.
The appeals court says as officers arrived, Fiorini stepped out on his porch with a shotgun resting on his shoulder, but he never fired. However, eight officers fired 63 shots killing Fiorini.
The family of Rod Fiorini blamed the drink "Four Loco" for his strange and violent behavior. So in 2011, the family filed a lawsuit here in Fresno County, against the manufacturers of the drink. This beverage also known as "liquid cocaine" and "blackout in a can," contained as much alcohol as five to six 12-ounce cans of beer and as much caffeine as approximately four cans of Coca-Cola.
The Fiorni's say that combining alcohol, with caffeine and other stimulants created a product that was unreasonably dangerous, increasing high-risk behavior.
In 2013, a Fresno Superior Court judge threw the case out, agreeing with the manufacturer that the company could not be held responsible for how the product was used. But last week, the Fifth District Court of Appeals disagreed, reinstating the case.
Four years since Fiorni's death, Four-Loko was sued in 20 states, each with allegations similar to the Fiorinis. In March of this year, the company agreed to discontinue manufacturing. 17 news tried reaching out to both parties, but have not heard back.