Crobak v. Pepsi-Cola Metropolitan Bottling Co.

Plaintiff Brent Crobalc, in the main action, seeks recovery for personal injuries. His father, Frank G. Crobalc, sues for derivative damages. Two causes of action are set forth on behalf of the infant plaintiff, one sounding in negligence, and the other for breach of warranty of merchantability and fitness for use. The injuries are claimed to have been sustained when a bottle of cola exploded, the splinters coming into contact with the infant plaintiff. It is alleged that defendant Pepsi-Cola Metropolitan Bottling Co., Inc. (hereinafter referred to as “ Metropolitan ”) sold the defective…