Dr. Pepper Co. v. Crow

OPINION

McDONALD, Chief Justice.

This an appeal from an order overruling defendant Dr. Pepper’s plea of privilege.

Plaintiff Crow sued defendant Dr. Pepper, Inc., in Ellis County, alleging that on July 1,1980, she was opening a bottle of Dr. Pepper in the manner in which it was intended, when suddenly and without warning the bottle exploded and the cap struck plaintiff’s right eye inflicting injury and damages; that the Dr. Pepper bottle was new and in substantially the same condition as it was when she purchased it; that said product was defective and unreasonably dangerous to the user; that…