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REITZ v. COCA-COLA BOTTLING CO. OF EUGENE

No. 22077; CA 10012.

584 P.2d 791 (1978)

36 Or.App. 487

Melton R. REITZ, Respondent, v. COCA-COLA BOTTLING COMPANY OF EUGENE, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Neil R. Bryant, Bend, argued the cause for appellant. With him on the brief was Gray, Fancher, Holmes & Hurley, Bend.

Gale K. Powell, Bend, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Defendant appeals an order denying a motion to set aside a default judgment under ORS 18.160.1

Plaintiff's amended complaint may be summarized: On October 28, 1976, he purchased from a vending machine controlled by defendant a bottle of pop manufactured by defendant which contained pieces of broken glass. He drank directly from the bottle and as a result of swallowing the glass suffered physical injuries accompanied...

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