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RANDIC v. J. WEINGARTEN, INC.

No. 15583.

449 S.W.2d 551 (1970)

Aurel RANDIC et ux., Appellants, v. J. WEINGARTEN, INC., et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 29, 1970.

Attorney(s) appearing for the Case

Harrison & Taylor, Al Taylor, Alfred W. Mullennix, Houston, Clinton H. Montgomery, Crockett, for appellants.

Kenneth Tekell, Thomas S. Terrell, Houston, for appellees; J. Paul Pomeroy, Jr., Sewell, Junell & Riggs, Houston, of counsel.

PEDEN, Justice.

Suit for personal injuries. Mrs. Randic's leg was cut while she was carrying a carton containing twelve bottles of Coca Cola she had bought in a Weingarten store. She had taken three or four steps away from a check-out counter in the store when one of the bottles apparently fell from the carton, hit the floor and broke, causing her injury. Mr. and Mrs. Randic sued both Weingarten and Coca Cola Bottling Co. alleging breach of implied warranty and negligence...

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