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CIOCIOLA v. DELAWARE COCA-COLA BOTTLING COMPANY

172 A.2d 252 (1961)

Judith Ann CIOCIOLA, by her next friend, Joseph P. Ciociola, and Joseph P. Ciociola, individually, Plaintiffs Below, Appellants, v. DELAWARE COCA-COLA BOTTLING COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

June 6, 1961.

Attorney(s) appearing for the Case

H. B. Rubenstein, of Leshem & Rubenstein, Wilmington, for appellants.

Albert W. James, Arthur J. Sullivan and Henry N. Herndon, Jr., of Morris, James, Hitchens & Williams, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is an action for damages for personal injuries and medical expenses. The plaintiffs are Joseph P. Ciociola and his minor daughter, Judith, suing by her next friend. The complaint contains three causes of action: first, that the minor plaintiff is entitled to damages by reason of the breach by the defendant, Delaware Coca-Cola Bottling Company, of an implied warranty that a bottle, the breaking of which...

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