Erzrumly v. Dominick's Finer Foods, Inc.

Plaintiff brought this action in strict liability, alleging that two bottles manufactured by Coca-Cola and sold by Dominick’s exploded injuring her. After presentation of her case she moved to amend her complaint to include a count based on the theory of res ipsa loquitur. The court denied her motion and granted defendants’ motion for a directed verdict. On appeal she contends these rulings were erroneous.

At trial the following pertinent evidence was adduced.

Anwar Erzrumly

He is plaintiff’s father. At about 1 p.m. on Saturday, June 7, 1969, he took his five children, wife, and father to…