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WAGNER v. COCA-COLA BOTTLING CO., INC.

No. 13348.

319 N.W.2d 807 (1982)

Douglas WAGNER, A Minor, by his Guardian Ad Litem, LaVone M. Wagner, Plaintiff and Appellant, v. COCA-COLA BOTTLING COMPANY, INC., Sioux Falls, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 19, 1982.

Attorney(s) appearing for the Case

Milton Buechler, Lennox, for plaintiff and appellant.

Arlo Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

FOSHEIM, Justice.

The trial court directed a verdict in favor of defendant at the conclusion of plaintiff's evidence. We affirm on the appeal from that order.

Douglas Wagner (appellant), age six, was with his mother at a grocery store in Sioux Falls when a six-pack of Coca-Cola fell to the floor. Two bottles from the carton broke and pieces of glass injured one of appellant's eyes. Appellee, Coca-Cola Bottling Company, prepared and bottled the beverage in...

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