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DR. PEPPER CO. v. CROW

No. 6346.

621 S.W.2d 464 (1981)

DR. PEPPER COMPANY, Appellant, v. Bobbie Lea CROW, Appellee.

Court of Civil Appeals of Texas, Waco.

August 28, 1981.

Attorney(s) appearing for the Case

Tom J. Stollenwerck, Brian H. Fant, Touchstone, Bernays, Johnston, Beall & Smith, Dallas, for appellant.

Don Hinds, Yarborough, Hinds, Shahan & Snyder, Dallas, for appellee.

OPINION

McDONALD, Chief Justice.

This an appeal from an order overruling defendant Dr. Pepper's plea of privilege.

Plaintiff Crow sued defendant Dr. Pepper, Inc., in Ellis County, alleging that on July 1, 1980, she was opening a bottle of Dr. Pepper in the manner in which it was intended, when suddenly and without warning the bottle exploded and the cap struck plaintiff's right eye inflicting injury and damages; that the Dr. Pepper bottle was new...

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