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Products Liability Keyed Owen, 8th Ed.
Shoshone Coca-Cola Bottling Co. v. Dolinski
Citation:
420 P.2d 855 (1966)Facts
Leo Dolinski was employed at the Sea and Ski plant where Shoshone Coca-Cola Bottling Company provided vending machines stocked with beverages, including “Squirt.” After drinking from a bottle of “Squirt,” Dolinski discovered it contained a decomposed mouse and immediately became ill. He visited a doctor who prescribed medication for nausea. A toxicologist who examined the bottle determined the mouse “had been dead for a long time” and that mouse feces stains on the bottom of the bottle must have been present before the liquid was added. Dolinski developed an aversion to soft drinks that persisted for over two years and lost 20 pounds. A psychiatrist described his condition as a “conditioned reflex” that could continue indefinitely. Shoshone’s Vice-President claimed that their bottle washing process would have removed the mouse’s hair, suggesting it must have entered the bottle after leaving their facility.
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