Metzel v. Canada Dry Corporation

Hall, Presiding Judge.

Plaintiff in a personal injury action appeals from the judgment entered in accordance with a directed verdict for both defendants — Canada Dry and Coca-Cola.

Plaintiff’s evidence showed that as he was in a grocery store picking up a 6-pack carton of Canada Dry soda, the plastic roller between the layers of cartons snapped back and the vibrations caused a loose bottle of Canada Dry soda located somewhere to fall and break, injuring his foot. The roller in question was red, he believed, and therefore the property of Coca-Cola as Canada Dry uses green rollers. The store…