Rockett v. Pepsi Cola Bottling Company

DOWD, Judge.

This is a products liability case involving plaintiff’s drinking of a foreign substance in a bottle of Teem soda. Plaintiff obtained a jury verdict against defendant for $2,200.00. The trial judge took away the judgment from the plaintiff by sustaining defendant’s after trial motion for judgment in accordance with its motion for a directed verdict on the following ground stated in defendant’s motion: “1. The plaintiff did not show by a preponderance of the evidence that the defendant manufactured and sold the soda bottle in question.” The case was submitted to the jury under…