KATES v. PEPSI COLA BOTTLING CO. OF SALISBURY, MD.


263 A.2d 308 (1970)

Audrey M. KATES and Willis E. Kates, her husband, Plaintiffs, v. PEPSI COLA BOTTLING COMPANY OF SALISBURY, MARYLAND, Inc., a foreign corporation, Defendant. FOOD FAIR STORES CORPORATION, Inc., a Delaware corporation, Defendant and Third-Party Plaintiff, v. The PEPSI-COLA-CANADA DRY DISTRIBUTING COMPANY, a corporation of the State of Delaware, Third-Party Defendant.

Superior Court of Delaware, Kent.

February 24, 1970.


Attorney(s) appearing for the Case

John B. Maybee, Dover, for plaintiffs.

F. Alton Tybout and Morton Richard Kimmel, of Tybout & Redfearn, Wilmington, for Food Fair Stores Corporation, Inc.

William J. Alsentzer, Jr., Wilmington, for Pepsi Cola Bottling Co. and Pepsi-Cola-Canada Dry Distributing Co.


OPINION

STOREY, Judge.

This is an action for damages resulting from injuries sustained by plaintiff from a bottle of Pepsi-Cola which shattered after falling through the bottom of a Pepsi-Cola carton. The incident occurred prior to plaintiff's exiting defendant Food Fair's store from which she had purchased the carton of Pepsi. The carton had been sold to Food Fair by defendant Pepsi-Cola Bottling Co. and delivered by defendant Pepsi-Cola-Canada Dry Distributing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases