David M. Wright v. Coca Cola Bottling Co. by Supreme Court of South Dakota

David M. Wright v. Coca Cola Bottling Co.

By Supreme Court of South Dakota

  • Publication Date: 1987-10-28
  • Genre: Law

Book Summary

Miller, Justice Plaintiff (appellant) brought an action for negligence and breach of warranty against a soft drink manufacturer
seeking to recover for his alleged injuries when he drank from a soft drink bottle that he claims contained a decomposed mouse.
Appellant appeals from a summary judgment for defendant. We reverse and remand. One summer day in 1983 appellant purchased a bottle of 7UP from a vending machine at his place of work. When he took a drink
from the bottle he noticed it had a very bad taste. After taking another small sip to taste the 7UP, appellant looked into
the bottle and saw something in it. His stomach "started coming up," he gagged several times, and he thought he was going
to vomit. Although he started to go to the restroom, he never actually vomited. Instead, he returned to show his co-workers
what was in the bottle. Two photographs of the bottle, which was sealed shortly after the incident, reveal an undiscernable
mass floating in the remaining pop.

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