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SCHUESSLER v. COCA-COLA BOTTLING COMPANY OF MIAMI

No. 72-582.

279 So.2d 901 (1973)

Katherine SCHUESSLER, Appellant, v. COCA-COLA BOTTLING COMPANY OF MIAMI, D/B/a Palm Beach Coca-Cola Bottling Company, and Winn-Dixie Stores, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 30, 1973.

Attorney(s) appearing for the Case

Guy C. Hill, of Heuer & Albury, West Palm Beach, for appellant.

Wallis E. Schulle, of Fisher, Prior, Pruitt & Schulle, West Palm Beach, for appellee, Coca-Cola.

John R. Beranek, of Jones, Paine & Foster, West Palm Beach, for appellee, Winn-Dixie.

REED, Chief Judge.

The broad issue on this appeal is whether the trial court erred in granting defendants' motions for directed verdict on plaintiff's claim for damages for a breach of an implied warranty of merchantability. More precisely we must decide whether, on the facts of this case, either or both defendants is burdened with an implied warranty of merchantability with respect to a cardboard carton enclosing six 16-ounce bottles of Coca-Cola taken for purchase...

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