Wright v. Coca Cola Bottling Co. of Central South Dakota

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 from the bottle he noticed it had a very bad taste. After taking another small sip to taste the 7UP, appellant looked into the bottle and…