Reitz v. COCA-COLA BOTTLING CO. OF EUGENE

Defendant appeals an order denying a motion to set aside a default judgment under ORS 18.160. 1

Plaintiffs amended complaint may be summarized: On October 28, 1976, he purchased from a vending machine controlled by defendant a bottle of pop manufactured by defendant which contained pieces of broken glass. He drank directly from the bottle and as a result of swallowing the glass suffered physical injuries accompanied by pain and mental anguish. He asked for judgment for $7,500 general damages and $71.40 medical and hospital expenses.

Shortly after the incident plaintiffs attorney wrote to the…