WAY v. TAMPA COCA COLA BOTTLING COMPANY

No. 71-308.

260 So.2d 288 (1972)

Jimmy S. WAY, Appellant, v. TAMPA COCA COLA BOTTLING COMPANY, a Corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 5, 1972.


Attorney(s) appearing for the Case

Paul B. Johnson of Gregory, Cours, Paniello & Johnson, Tampa, for appellant.

Vernon W. Evans, Jr. of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellee.


LILES, Acting Chief Judge.

Appellant, James S. Way, was drinking a bottle of Coca Cola processed by Tampa Coca Cola Bottling Company when he discovered a "foreign" substance contained in the bottle. When he opened the bottle the contents were icy and he commenced to drink and suck upon the bottle. Subsequently, he noted the foreign substance and the testimony was that it resembled a rat with the hair sucked off. He became nauseated and went outside and vomited. He...

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