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VAMOS v. COCA-COLA BOTTLING

165 Misc.2d 388 (1995)

627 N.Y.S.2d 265

Peter Vamos, Plaintiff, v. Coca-Cola Bottling Company of New York, Inc., Defendant.

Civil Court of the City of New York, New York County.

April 12, 1995

Attorney(s) appearing for the Case

John M. Guglielmo, New York City (Robert R. Groezinger of counsel), for defendant. Glenn H. Shore, New York City, and Jay H. Tanenbaum, New York City, for plaintiff.

LOUISE GRUNER GANS, J.

At the conclusion of the trial of this action for damages for personal injuries based on breach of implied warranty of merchantability and negligence, the jury returned a verdict in favor of plaintiff Vamos and against defendant Coca-Cola Bottling Company of New York, Inc. on each claim. These claims arose when plaintiff drank Diet Coke from a bottle containing two AA batteries. The jury...

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