Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 32

Embs went into Stamper's Cash Market to buy soft drinks for her children. She had removed five bottles from an upright soft drink cooler, placed them in a carton, and turned to move away from the display when a bottle of Seven-Up in a carton at her feet exploded, cutting her leg. Apparently, several other bottles had exploded that same week. Stamper's Cash Market received its entire stock of Seven-Up from Arnold Lee Vice, the area distributor. Vice in turn received his entire stock of Seven-Up from Pepsi- Cola Bottling Co. Can Mrs. Embs recover damages from (a) Stamper, (b) Vice, or (c) Pepsi-Cola Bottling? Why?