Hand, finger laceration from novelty Coke glass leads to personal injury claim

A Bucks County man alleges in a newly filed personal injury claim that he sustained a severe laceration to his left hand and index finger as a result of being cut by a novelty glass he had obtained at an area fast food restaurant.

Joseph Gambetta, who resides in Quakertown, claims that on Nov. 28, 2011, while washing his retro Coca-Cola glass, which he had previously purchased from the McDonald’s restaurant at 2 North West End Blvd. in Quakertown, a piece of the glass suddenly broke off and sliced through his left hand and index finger, causing a complex laceration of the dorsum of the left hand and laceration of the extensor tendon of the left index finger.

The accident, the lawsuit claims, was caused “solely and exclusively” by the defective design and nature of the retro Coke glass and the defendants’ negligence.

Named as defendants in the civil action, which was filed at the U.S. District Court in Philadelphia Feb. 15, are ARC International North America and The Marketing Store Worldwide.

The suit says that the Coke glass owned by the plaintiff was one of six such glasses designed, manufactured, marketed, sold and distributed by McDonald’s Corp., The Marketing Store and ARC International North America to celebrate the 125^th anniversary of the Coca-Cola soft drink.

The complaint alleges that the glass was defective and unsafe for its intended use.

“Defendants were negligent in making, marketing and distributing the defectively manufactured and designed Retro Coca-Cola Glass, which had no and/or defective instructions or warnings for use and consumer safety features,” the lawsuit reads.

The complaint says that the defendants’ breach of their implied and express warranties was a cause of the plaintiff’s harm.

Gambetta seeks more than $75,000 in damages, along with costs, attorney’s fees and other legal relief.

Gambetta is being represented by Newtown, Pa., lawyer Brandon A. Swartz.

The federal case number is 2:13-cv-00843-SD.