Norene L. Davis, Individually and as Next Friend of Lyle Davis, a Minor v. Safeway Stores, Inc., Pepsi-Cola Metropolitan Bottling Company

Appellee, individually and as next friend of her minor son, sued appellant and others to recover damages for an eye injury sustained by him when a glass bottle exploded. The lower court granted default judgment against appellant and awarded damages. We affirm liability but reverse as to damages.

I. Default Judgment

Appellant’s registered agent was served with process on August 18, 1975, and the agent forwarded a copy to appellant on August 21. But though appellant, pursuant to the terms of its liability insurance policy, promptly mailed a copy to its insurance carrier, which received it on…