DE MENTO v. NEHI BEVERAGES, INC.


55 A.D.2d 794 (1976)

Patricia De Mento et al., Respondents, v. Nehi Beverages, Inc., et al., Defendants, and Consolidated Foods Corporation et al., Third-Party Defendant-Respondent and Fourth-Party Plaintiff. Royal Crown Cola Bottling Co., Defendant and Third-Party Plaintiff-Appellant; Custom Canners of Baltimore, Inc., Fourth-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 23, 1976


On April 23, 1971 plaintiff Patricia De Mento sustained personal injuries as a result of defendant Royal Crown Cola Bottling Co.'s negligence when she drank from a can of contaminated soda. Plaintiffs brought the instant action based on negligence and breach of warranty. After a trial the jury awarded her damages of $25,000 and her husband $8,000 for his derivative cause of action. This appeal ensued and we are concerned solely with the question of damages. Defendant Royal...

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