De Mento v. Nehi Beverages, Inc.

Appeal by defendant Royal Crown Cola Bottling Co. from a judgment of the Supreme Court, entered February 4, 1976 in Albany County, upon verdicts rendered at a Trial Term in favor of plaintiffs. On April 23, 1971 plaintiff Patricia De Mentó sustained personal injuries as a result of defendant Royal Crown Cola Bottling Co.’s negligence when she drank from a can of contaminated soda. Plaintiffs brought the instant action based on negligence and breach of warranty. After a trial the jury awarded her damages of $25,000 and her husband $8,000 for his derivative cause of action. This appeal ensued…