Cusumano v. Pepsi-Cola Bottling Co.

This is an appeal on questions of law from a verdict and judgment for the plaintiff, appellee herein and hereinafter referred to as plaintiff, in the Court of Common Pleas of Cuyahoga County.

The instant case arose as the result of an accident which occurred on February 11, 1959, when the bottom of a Pepsi Cola case collapsed while plaintiff was attempting to remove it from the top of a stack of Pepsi Cola cases located in the stockroom of his grocery store. Plaintiff, Ignatius Cusumano, brought suit, claiming to have sustained serious injuries — principally consisting of the aggravation of a…