DeLucia v. Coca-Cola Bottling Co.

The plaintiff became ill after drinking Coca-Cola. He sued the defendant corporation, which had packaged and sold the beverage. The complaint alleged two causes of action, one grounded in negligence, the other in breach of contract. The court decided for the defendant on the former and for the plaintiff on the latter. The defendant has appealed.

The court found that the defendant sold the plaintiff a bottle of Coca-Cola in its original package. While drinking out of the bottle, the plaintiff discovered that it contained a partially decayed grasshopper. He was immediately subjected to nausea…