Chaffin v. Atlanta Coca Cola Bottling Co.

Bell, Chief Judge.

This is a products liability action arising out of the purchase and consumption of an allegedly unwholesome bottle of Coca Cola against Atlanta Coca Cola Bottling Company and Big Apple Supermarket. The plaintiff alleged both negligence and breach of implied warranty in her complaint. The trial court’s charge to the jury limited the basis of recovery by plaintiff to the issue of negligence only completely eliminating any recovery on the claimed breach of implied warranty. The jury returned a verdict for defendants and judgment was entered accordingly. The failure to charge…