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NEWDING v. KROGER CO.

No. 1627.

554 S.W.2d 15 (1977)

Charles NEWDING, Appellant, v. The KROGER COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 20, 1977.

Attorney(s) appearing for the Case

Henry P. Giessel, Alice Giessel, Talbert, Giessel & Stone, Michael T. Johnson, Associate Dean, University of Houston, College of Law, Houston, for appellant.

Ervin A. Apffel, Jr., McLeod, Alexander, Powel & Apffel, Charles G. Dibrell, Dibrell, Dibrell, Greer & Brown, Galveston, for appellees.

CIRE, Justice.

Plaintiff appeals from the granting of a judgment non obstante veredicto denying him recovery of exemplary damages for gross negligence in a products liability action.

Appellant Charles Newding was injured in May 1974 when the twist-off cap on a bottle of quinine water he was carrying popped off and struck his right eye. Newding sued the distributor of the product, The Kroger Company, and the bottling company, appellee Consolidated Foods Corp...

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