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ERZRUMLY v. DOMINICK'S FINER FOODS

No. 62990.

50 Ill. App.3d 359 (1977)

365 N.E.2d 684

JOANN ERZRUMLY, a Minor, by Anwar Erzrumly, her Father and Next Friend, Plaintiff-Appellant, v. DOMINICK'S FINER FOODS, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 24, 1977.

Attorney(s) appearing for the Case

Peter N. Apostal, of Mintz & Raskin, of Chicago, for appellant.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Joseph A. Camarra and Stanley J. Davidson, of counsel), for Coca-Cola Bottling Company of Chicago.

Sam L. Miller, Ltd., of Chicago (Sam L. Miller, of counsel), for Dominick's Finer Foods, Inc.

Judgment affirmed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Plaintiff brought this action in strict liability, alleging that two bottles manufactured by Coca-Cola and sold by Dominick's exploded injuring her. After presentation of her case she moved to amend her complaint to include a count based on the theory of res ipsa loquitur. The court denied her motion and granted defendants' motion for a directed verdict. On appeal she contends...

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