DI GIOVANNI v. PEPSICO, INC.


120 A.D.2d 413 (1986)

Anna Di Giovanni et al., Appellants, v. Pepsico, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1986


Plaintiffs allege that plaintiff Anna Di Giovanni was injured when she was struck in and about her right eye by a metal "twist-off" bottle cap while she was attempting to remove it from a bottle of Pepsi Cola. They allege that "the premature release and propulsion of the cap were due, at least in part, to the weakness of the threads and their defective nature and condition." They state that they "intend to demonstrate at trial the weakness of the threads and the consequent...

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