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COSTILLA v. ALUMINUM CO. OF AMERICA

No. 86-2652.

826 F.2d 1444 (1987)

Ralph R. COSTILLA, Plaintiff-Appellee, v. ALUMINUM COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 18, 1987.

Attorney(s) appearing for the Case

Rolando Leon, Robert B. Summers, San Antonio, Tex., for defendant-appellant.

Phillip R. Spicer, Jr., Robert K. Kahn, San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RANDALL and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Aluminum Company of America (Alcoa) appeals an adverse judgment entered on a jury verdict in favor of appellee, Ralph Costilla, in this products liability action. We vacate and remand for a new trial.

I.

Costilla was injured when an aluminum twist-type bottle cap prematurely released from a 10-ounce bottle of Orange Crush and struck him in the eye. He filed this suit against Walgreen Texas Co. (Walgreen), the seller...

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