Centrone v. C. Schmidt & Sons, Inc.

OPINION OF THE COURT

Eli Wager, J.

The plaintiff in this action seeks to recover damages from defendant and third-party plaintiff C. Schmidt & Sons, Inc. (Schmidt), which brews, bottles and distributes beer, and from defendant McCrory’s for injuries allegedly sustained when a glass bottle containing Schmidt’s beer exploded at a picnic sponsored by McCrory’s. It appears that no one has possession of the bottle’s fragments or its cap and that neither plaintiff nor Schmidt can identify the bottle’s manufacturer. Schmidt has commenced a third-party action against five manufacturers of glass…