Legal Opinion

Embs v. Pepsi-Cola Bottling Co. of Lexington

Court of Appeals of Kentucky (pre-1976)

Decided May 23, 1975PublishedCited by 43 opinions

1Opinion of the Court

LUKOWSKY, Justice.

This is an appeal from a judgment entered by the Clark Circuit Court dismissing the claim of plaintiff-appellant pursuant to a directed verdict granted at the completion of her proof. We reverse and remand.

On the afternoon of July 25, 1970 plaintiff-appellant entered the self-service retail store operated by the defendant-appellee, Stamper’s Cash Market, Inc., for the purpose of “buying soft drinks for the kids.” She went to an upright soft drink cooler, removed five bottles and placed them in a carton. Unnoticed by her, a carton of Seven-Up was sitting on the floor at the…

2Cases cited6 opinions

  1. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  2. Elmore v. American Motors Corp.California Supreme Court · 1969
  3. Dealers Transport Co. v. Battery Distributing Co.Court of Appeals of Kentucky (pre-1976) · 1966
  4. Caruth v. MarianiCourt of Appeals of Arizona · 1970
  5. Coca-Cola Bottling Works v. SheltonCourt of Appeals of Kentucky (pre-1976) · 1926

1 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United StatesCourt of Appeals for the Sixth Circuit · 1988
  2. Myrlak v. Port Auth. of NY and NJSupreme Court of New Jersey · 1999
  3. Joe James v. Meow Media, Inc.Court of Appeals for the Sixth Circuit · 2002
  4. Stella Mae McKee Individually and as Administratrix of the Estate of David Allen McKee v. Cutter Laboratories, Inc. And Miles Laboratories, Inc.Court of Appeals for the Sixth Circuit · 1989
  5. Indiana Insurance Company v. James DemetreKentucky Supreme Court · 2017

38 more not listed; retrieve them via the Exa API.

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