MATTES v. COCA COLA BOTTLING CO. OF MIAMI

No. 73-295.

311 So.2d 417 (1974)

Louise C. MATTES and Herman Mattes, Jr., Appellants, v. COCA COLA BOTTLING CO. OF MIAMI, and Food Fair Stores, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 31, 1974.


Attorney(s) appearing for the Case

William E. Blyler of Patterson Maloney & Shankweiler, Coral Springs, for appellants.

James A. Smith of Wicker Smith Pyszka Blomqvist & Davant, Miami, for appellee Coca Cola Bottling Co. of Miami.


PER CURIAM.

From a careful consideration of the record and from a review of the authorities cited in the briefs and oral argument of the parties we are of the opinion that plaintiff failed to demonstrate reversible error with respect to the trial court's granting of defendant's motion to strike plaintiff's allegation and claim under the theory of implied warranty. The record reflects the absence of testimony as to which bottle actually caused the injury to the plaintiff...

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