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DAVID BURNS AND DIANE BURNS v. PEPSI-COLA METROPOLITAN BOTTLING COMPANY AND PEPSICO (06/09/86)

filed: June 9, 1986.

DAVID BURNS AND DIANE BURNS, H/W
v.
PEPSI-COLA METROPOLITAN BOTTLING COMPANY AND PEPSICO, INC. AND PEPSI-COLA METROPOLITAN BOTTLING GROUP, INC. AND KENNETH L. BELLO, T/A K.L. BELLO MOBILE LUNCH SERVICE. APPEAL OF PEPSI-COLA METROPOLITAN BOTTLING COMPANY, APPELLANT



Appeal from the Judgment Entered of the Court of Common Pleas, Civil Division, of Bucks County at No. 81-08450-14-2.

COUNSEL

Charles J. Bogdanoff, Philadelphia, for appellant.

Steven E. Wolfe, Holland, for Burns, appellees.

Wickersham, Wieand and Popovich, JJ.

Author: Wickersham

[ 353 Pa. Super. Page 573]

Pepsi-Cola Metropolitan Bottling Company appeals from the judgment entered against it and in favor of appellees, David and Diane Burns, by the Court of Common Pleas of Bucks County.

Appellee David Burns ingested glass particles contained in a bottle of Pepsi-Cola soft drink purchased from a lunch

[ 353 Pa. Super. Page 574]

    truck at his place of work on June 22, 1981. Appellee was hospitalized on several occasions subsequent to this incident because of medical problems which developed from the passage of the glass particles through his digestive system, including gastrointestinal pain and rectal bleeding. He was later treated by a psychologist for symptoms of post-traumatic stress disorder.

Appellees instituted the instant action seeking recovery for the physical and psychological injuries sustained by David arising from the glass ingestion incident and for Diane's loss of consortium. The jury awarded damages to David Burns in the amount of $8,662.35 for medical expenses, $644.00 for lost wages, and $15,000.00 for pain and suffering. Diane Burns received $15,000.00 for loss of consortium.

Appellant timely filed this appeal to our court. It presents five issues*fn1 for appellate review. After a thorough review of the record, the briefs of the parties and the pertinent caselaw, we conclude that appellant's issues three, four, and five have been succinctly and accurately addressed by Judge Leonard B. Sokolove in his opinion dated

[ 353 Pa. Super. Page 575]

June 11, 1985, and require no further elaboration here. We therefore address only appellant's ...


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