BLAKE v. PEPSI-COLA BOTTLING CO. OF LYONS

No. 59,977

241 Kan. 795 (1987)

740 P.2d 79

WENDY L. BLAKE, A Minor, by OSCAR M. BLAKE, YASUKO BLAKE, and JAMES E. BROCK, her conservators; and OSCAR M. BLAKE and YASUKO BLAKE, Appellants, v. PEPSI-COLA BOTTLING COMPANY OF LYONS, INC.; M.E.I. CORPORATION; PEPSICO, INC.; S.F.B. PLASTICS, INC.; ZAPATA CAP MANUFACTURING CO.; FOWLER PRODUCTS CO.; and ZALKIN MANUFACTURING CO.; Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1987.


Attorney(s) appearing for the Case

Ken M. Peterson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Jana J. Deines, of the same firm, was with him on the briefs for appellants.

Lee Turner, of Turner and Boisseau, Chartered, of Great Bend, argued the cause, and Casey R. Law, of the same firm, was on the brief for appellees Pepsi-Cola Bottling Company of Lyons, Inc., and M.E.I. Corporation.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and William R. Sampson, of Shook, Hardy & Bacon, of Overland Park, was with him on the brief for appellee PepsiCo, Inc.

Kenneth E. Peirce, of Reynolds, Peirce, Forker, Suter, O'Neal & Myers, of Hutchinson, was on the brief for appellee S.F.B. Plastics, Inc.

Arthur S. Chalmers, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, was on the brief for appellee Zapata Cap Manufacturing Co.

J. Thomas Marten, of Bremyer & Wise, P.A., of McPherson, was on the brief for appellee Fowler Products Co.


The opinion of the court was delivered by

McFARLAND, J.:

Wendy L. Blake, a minor, was injured when struck in the eye by the aluminum cap ejecting from a two-liter plastic Pepsi-Cola bottle she was attempting to open with pliers. This product liability action was brought on her behalf by her three co-conservators against various corporations involved in the chain of manufacture and distribution of the Pepsi-Cola product...

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