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Shoshone Coca-Cola Bottling Co. v. Dolinski

420 P.2d 855 (1966)

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Shoshone Coca-Cola Bottling Co. v. Dolinski

Supreme Court of Nevada

420 P.2d 855 (1966)

Facts

Leo Dolinski (plaintiff) purchased a bottle of Squirt, which was manufactured by Shoshone Coca-Cola Bottling Company (Shoshone) (defendant). Dolinski claimed that the bottle contained a decomposed mouse, causing him physical and mental injury. Dolinski brought a manufacturing-defect suit against Shoshone. Shoshone argued that Dolinski failed to prove that the mouse was in the bottle when the bottle left the hands of Shoshone. The mouse had hair on it when the mouse reached Dolinski. Shoshone stated that if there was a mouse in the bottle while the bottle was at the Shoshone plant, the mouse would not have any remaining hair, given the solution and heat that Shoshone used to wash empty bottles. Shoshone also argued that Dolinski had the burden of showing that there was no opportunity for someone to tamper with the bottle after the bottle left Shoshone’s hands. The jury found in favor of Dolinski and awarded him $2,500. Shoshone appealed.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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