While waiting in a barbershop for a haircut the plaintiff bought a Coca-Cola from a vending machine in the shop for ten cents.


Plaintiff sipped the coke, noticed something unusual about the taste, wiped the top and took another drink. He swallowed something solid. He looked in the bottle and saw a dead mouse. He immediately felt nauseous, went into the men’s room and vomited. When he called the complaint department of the bottler, the manager told him it wasn’t a serious matter and that they had fired the person who had been putting the mice in the bottles. After the incident plaintiff suffered nausea, diarrhea, and irregularity in his eating habits.[81]