EMBS v. PEPSI-COLA BOT. CO. OF LEXINGTON


528 S.W.2d 703 (1975)

Janice EMBS, Appellant, v. PEPSI-COLA BOTTLING COMPANY OF LEXINGTON, KENTUCKY, INC., a Kentucky Corporation, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 19, 1975.


Attorney(s) appearing for the Case

Charles T. Walters, Winchester, for appellant.

Leslie W. Morris, II, Stoll, Keenon & Park, Lexington, for appellees Pepsi-Cola Bottling Co. of Lexington, Kentucky, Inc. and Pepsi-Cola Bottling Co. of Winchester.

Janet R. White, Winchester, for appellee Stamper's Cash Market, Inc.

Ben L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, for appellee Arnold Lee Vice.


LUKOWSKY, Justice.

This is an appeal from a judgment entered by the Clark Circuit Court dismissing the claim of plaintiff-appellant pursuant to a directed verdict granted at the completion of her proof. We reverse and remand.

On the afternoon of July 25, 1970 plaintiff-appellant entered the self-service retail store operated by the defendant-appellee, Stamper's Cash Market, Inc., for the purpose of "buying soft drinks for the kids." She went to an upright...

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