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SLIMAN v. ALUMINUM CO. OF AMERICA

No. 15883.

731 P.2d 1267 (1986)

112 Idaho 277

David SLIMAN and Carolyn Sliman, husband and wife, Plaintiffs/Respondents/Cross-Appellants, v. ALUMINUM COMPANY OF AMERICA, a Pennsylvania corporation, Defendant/Appellant/Cross-Respondent, and Seven-Up U.S.A. a Missouri corporation; Noel Canning Corporation, a foreign corporation; 7-Up Bottling Company of Twin Falls, Idaho, an Idaho corporation; Safeway Stores Incorporated, a Maryland corporation, Defendants.

Supreme Court of Idaho.

Rehearing Denied December 31, 1986.

Attorney(s) appearing for the Case

Louis F. Racine, Jr. (argued), of Racine, Olson, Nye, Cooper & Budge, Pocatello, and Larry D. Ottaway (argued), G. David Ross, of Foliart, Huff, Ottaway & Caldwell, Oklahoma City, Okl., for defendant/appellant/cross-respondent.

Wilbur T. Nelson (argued), of Nelson, Westberg & McCabe, Chartered, and Joseph M. Imhoff, Jr., of Imhoff & Lynch, Boise, for plaintiffs/respondents/cross-appellants.

BISTLINE, Justice.

Plaintiff Carolyn Sliman suffered complete loss of sight in her left eye as a result of an aluminum twist-off cap having forcibly ejected from a 7-Up soft drink bottle. Plaintiffs sued the defendant-appellant Aluminum Company of America (ALCOA), Seven-Up U.S.A. Inc., Noel Canning (Seven-Up U.S.A.'s bottler), and various other defendants. After trial a jury found plaintiff Carolyn Sliman 25 percent at fault, defendant Seven-Up U.S.A. 45 percent at...

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