A Texas court recently ruled in favor of Waco Bottling LLC in a case brought by Nic's Beverages, LLC. The Texas Court of Appeals, in a decision filed on August 27, 2026, upheld the trial court's summary judgment, stating that Nic's Beverages did not provide enough evidence to support its claims of breach of contract and negligence. This ruling affects the beverage industry and highlights the importance of clear evidence in legal disputes.
The case, Nic's Beverages, LLC v. Waco Bottling LLC, was filed under docket number 10-24-00247-CV. Nic's Beverages, known for its CBD-infused cold brew coffee, claimed that Waco Bottling failed to properly handle and transport its product, resulting in significant losses. The court's decision emphasizes the necessity for companies to substantiate their claims with solid evidence.
Nic's Beverages alleged that it had an agreement with Waco Bottling for the production, packaging, storage, and transportation of its Cold Brew product. According to the agreement, Waco Bottling was responsible for maintaining the product at a specific temperature and arranging its transportation. However, Nic's Beverages claimed that the product was damaged due to improper handling, leading to a loss of 80,000 pounds of Cold Brew and associated profits.
The dispute arose when Waco Bottling arranged for third-party transportation of the Cold Brew to US Cold Storage. Nic's Beverages argued that the transportation trucks arrived at an ambient temperature that exceeded the required limits. Waco Bottling, however, contended that it had followed all necessary procedures and that there was no evidence of breach or negligence on its part.
During the trial, Waco Bottling filed a no-evidence motion for summary judgment, arguing that Nic's Beverages could not prove essential elements of its claims. The trial court agreed and granted the motion, leading to Nic's Beverages' appeal. The court found that Nic's Beverages failed to provide evidence of a breach of contract or negligence.
Justice Lee Harris delivered the opinion of the court, stating, "We find no evidence of at least one element of NB’s breach of contract and negligence claims, we affirm the trial court’s order." The court reviewed the evidence in favor of Nic's Beverages but concluded that the claims were largely based on speculation rather than concrete evidence.
The court emphasized that to establish negligence, a plaintiff must prove three elements: a legal duty owed, a breach of that duty, and damages caused by the breach. In this case, the court found that Nic's Beverages did not provide sufficient evidence linking Waco Bottling's actions to the alleged damages.
Furthermore, the court noted that the evidence presented by Nic's Beverages was insufficient to demonstrate that the Cold Brew product had been damaged during the handling process. The court stated, "Equating the ambient transport truck temperature to the temperature of the actual Cold Brew bottle is an assumption that we, like the trial court, will not make." This ruling highlights the importance of having concrete evidence in legal disputes.
The court's ruling has implications for businesses in the beverage industry and beyond. It underscores the necessity for companies to maintain thorough documentation and evidence when entering contracts and handling products. The decision may also serve as a cautionary tale for businesses to ensure they have clear agreements and to understand the legal responsibilities involved in their operations.
Moving forward, this ruling may influence how companies approach contracts and the handling of products, particularly in industries where temperature control is critical. Businesses may need to implement stricter protocols and documentation to avoid similar legal disputes in the future.
As for Nic's Beverages, the company can consider appealing the decision, although details were not available in the court filing regarding any potential next steps. The outcome of this case may also impact other pending cases involving similar issues of contract disputes and negligence claims.











