Maybach v. Falstaff Brewing Corp.

Plaintiff was injured by the explosion of two bottles of Falstaff beer which she was removing from a shelf in a Kroger store.. She sued The Falstaff Brewing Company and The Kroger Company. Verdict and judgment went for both defendants. The trial court sustained plaintiff’s motion for new trial as to the Falstaff Company and that company appeals.

The trial court gave as his reason for granting a new trial that error was committed in giving the following instruction:

“The Court instructs the jury that in reaching a decision on the issue of negligence, you may not base your verdict entirely and…