Burns v. Delaware Coca-Cola Bottling Company

OPINION AND ORDER ON DEFENDANT’S MOTION FOR A NEW TRIAL

QUILLEN, Judge:

This was an action for damages for personal injuries and anxiety caused by the presence of a foreign substance in a bottle of coca cola purchased from a coca cola dispensing machine. The beverage was partially consumed by the plaintiff and the claim for damages arises from such consumption. A jury verdict was returned in the amount of Three Thousand Dollars ($3,000.).

While at work in the Public Building in Wilmington, the plaintiff poured some of the contents of the bottle into a coffee cup and became aware of the foreign…