Margie J. Elliott and Lon Elliott, Wife and Husband v. Alpac Corporation, a Nevada Corporation, D/B/A Glaser Beverages

OPINION

VON DER HEYDT, District Judge.

This is an appeal from a judgment entered upon a jury verdict for appellee and from an order which denied appellants’ motion for a new trial. Jurisdiction rested with the District Court because of diversity of citizenship.

Briefly, the facts are as follows. Appellant Margie Elliott purchased six bottles of a soft drink, “Like”, which is bottled by appellee. Subsequently, she opened two bottles without incident. Appellant’s hand was injured when a third bottle she attempted to open fragmented.

This action was predicated upon theories of negligence and breach…