THURMAN v. PEPSI-COLA BOTTLING CO.

Nos. 49680, 49815.

289 N.W.2d 141 (1980)

Steven THURMAN, a minor, by James B. Thurman, his father and natural guardian, and James B. Thurman, individually, Appellants, v. PEPSI-COLA BOTTLING COMPANY of Minneapolis and St. Paul, Respondent, Owens-Illinois, Inc., Respondent, Merlin Olson, individually and d.b.a. Paul and Larry's Country Boy Market, Respondent.

Supreme Court of Minnesota.

January 18, 1980.


Attorney(s) appearing for the Case

Meshbesher, Singer & Spence and John P. Clifford, Minneapolis, for appellants.

Lommen, Cole & Stageberg, Phillip A. Cole, and Robert M. Schommer, Minneapolis, for Pepsi-Cola Bottling Co. of Minneapolis and St. Paul.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, James B. Vessey, and Steven Wolgamot, Minneapolis, for Owens-Illinois, Inc.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and O. C. Adamson, II, Minneapolis, for Olson, et al.

Heard before ROGOSHESKE, PETERSON and YETKA, JJ., and considered and decided by the court en banc.


YETKA, Justice.

In this personal injury action claiming damages from an alleged soda pop bottle explosion, the jury found for the defendants. Plaintiffs appealed from that judgment and also from the trial court's order denying plaintiffs' motion for new trial.1

We reverse and remand for a new trial on the issue of liability alone.

The issues raised on this appeal are:

1. Was the admission of the investigating police...

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