Salzo v. Vi-She Bottling Corp.

In an action to recover damages for personal injuries and for loss of consortium, the individual defendant moves (1) for a discovery and inspection of a particular Seltzer bottle and/or the pieces, portions or fragments thereof which allegedly exploded, causing the plaintiff Barbara Salzo to sustain injuries and (2) for the discovery and inspection of any reports of tests or examinations which the plaintiffs may possess concerning the Seltzer bottle.

The plaintiffs, in opposition to the first branch of the motion, state that the fragments of glass which were part of the Seltzer bottle that…