The Great Atlantic & Pacific Tea Company v. Mrs. Matilda Miller

PER CURIAM. The appellee, Miller, recovered a substantial jury verdict and judgment against the appellant upon her complaint that a bottle of Coca-Cola fell through the bottom of a carton in which it was contained and exploded on her foot, resulting in serious and painful injuries. On this appeal the appellant contends that the Court erred in denying its motion for a directed verdict at the conclusion of the appellee’s case and likewise in refusing to take the case from the jury at the conclusion of the appellant’s case; and in failing to grant the appellant’s motion to withdraw the case from the jury and declare a mistrial because of the mention of insurance by counsel for appellee in the examination of a physician. A careful review of the record fails to sustain the contentions of the appellant. There were clear, disputed questions of fact as to the events causing injury to the appellee, Miller, resulting in typical questions to be resolved by a jury verdict.