Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

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Fischer was a guest at the Red Lion Inn, where he was attending a seminar. He went for a swim at the end of the first day of the seminar and then, still in his wet bathing suit, went directly to the vending machine to purchase a bottle of pop. When he inserted the money into the vending machine, he received an electrical shock because of defective wiring. The electric shock was so severe that it left him impotent, as confirmed by a doctor. Fischer sued Pepsi Cola Bottling Company, owner of the vending machines at the inn, for negligence. He claimed that Pepsi, although aware of the electrical problems that made the use of the machines dangerous, did not "pull" routine maintenance to correct these problems. Should Fischer be successful in his lawsuit? (Fischer v. Pepsi Cola Bottling Company, 972 F.2d 906)