Cohen v. Allendale Coca-Cola Bottling Co.

Bell, Judge:

This is an action for damages sounding in negligence and breach of warranty. Terry Cohen sued the Allendale Coca-Cola Bottling Co. for injuries he sustained when he drank a soft drink bottled by Allendale containing an insect. The jury awarded Cohen four thousand dollars actual damages and one thousand dollars punitive damages. Allendale appeals from the circuit court’s refusal to grant its motions for a directed verdict, for judgment non obstante veredicto, and for a new trial. We affirm the judgment for actual damages, but reverse the judgment for punitive damages.

In reviewing…