WRIGHT v. COCA COLA BOTTLING CO.

No. 15564.

414 N.W.2d 608 (1987)

David M. WRIGHT, Plaintiff-Appellant, v. COCA COLA BOTTLING CO. OF CENTRAL SOUTH DAKOTA, INC., Defendant-Appellee.

Supreme Court of South Dakota.

Decided October 28, 1987.


Attorney(s) appearing for the Case

Albert Fox, Larson, Sundall, Larson, Schaub & Fox, P.C., Chamberlain, for plaintiff-appellant.

John L. Morgan, Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant-appellee.


MILLER, Justice.

Plaintiff (appellant) brought an action for negligence and breach of warranty against a soft drink manufacturer seeking to recover for his alleged injuries when he drank from a soft drink bottle that he claims contained a decomposed mouse. Appellant appeals from a summary judgment for defendant. We reverse and remand.

One summer day in 1983 appellant purchased a bottle of 7UP from a vending machine at his place of work. When he took a drink...

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