Armstrong v. Pepsi-Cola General Bottlers, Inc.

WICKER, Judge.

Pepsi-Cola General Bottlers, Inc. and Gulf South Beverages, Inc. appeal a judgment in favor of the plaintiff, Mosel Armstrong. The issues are whether or not Pepsi-Cola and Gulf South negligently allowed glass to enter a bottle of Pepsi, injuring Armstrong, and whether or not the damage award of $3,500.00 was excessive. We affirm.

Armstrong purchased a ten-ounce bottle of Pepsi at a Charter Marketing Company convenience store. He opened and drank the Pepsi, testimony varying as to whether he drank it inside or outside the store. He then showed Charter’s employees that pieces of…