Reh. Den. Mar. 25, 1992.




Respondent, Albert B. Dunn, instituted this products liability action against appellants, Charleston Coca-Cola Bottling Company and Sunbelt Coca-Cola Bottling Company, Inc., hereinafter Coke, alleging he sustained injuries after drinking a contaminated coca-cola. Coke appeals from a $165,000 jury verdict for Dunn. We affirm.




There are four issues before us on appeal: (1) whether the trial judge erred in asking the jury panel if they would be inclined to limit money damages in order to reduce insurance rates; (2) whether the trial judge erred in allowing Mr. Dunn to call a witness who was not previously identified in pretrial discovery; (3) whether the trial judge erred in failing to charge the jury as requested on strict liability; and (4) whether the trial judge erred in denying Coke's motion for a new trial nisi remittitur.




On or about the morning of March 27, 1986, Mr. Dunn drank a coca-cola from a six and one-half ounce bottle. He testified that the last swallow out of the bottle tasted like lye and it burned as if it had lye in it. Although he washed out his mouth and throat, it continued to burn. He looked at the bottle and discovered a piece of folded up wire and rusty material in the bottom of the bottle. The following day, he went to see his family doctor, Dr. Flowers, who sprayed his mouth for burns and instructed him not to wear his dentures. He continued to see Dr. Flowers for ten months at which point he developed an infection in his throat and was referred to Dr. Rand for an operation.




Following the incident, Mr. Dunn began having difficulty in swallowing. He testified that it hurts for him to take a breath, food becomes lodged in his throat and, if he gets strangled while eating, he coughs up the food. As a result, he can eat


Over the course of years since this incident occurred, Mr. Dunn has sought treatment with numerous physicians. At trial, Dr. Flowers testified he saw Mr. Dunn the day after the incident and he found an irritation of the mucous membranes of the mouth and irritation of the throat which could have been caused by a chemical. In January of 1987, he referred Mr. Dunn to a Dr. Rand who performed surgery on Mr. Dunn. He continued to see Mr. Dunn regarding his problems with swallowing. In his opinion, the irritation in Mr. Dunn's mouth and throat was caused by his consumption of the contaminated coca-cola and this incident was the onset of Mr. Dunn's problems with his throat. He further stated that Mr. Dunn's condition was permanent and he would probably need future treatment.




Dr. Rand also testified. He operated on Mr. Dunn to remove the tip of his hyoid bone. Dr. Rand felt the surgery would ease the pain Mr. Dunn was suffering caused by a condition called gastroesophagel reflux. He thought the ingestion of the contaminated coca-cola aggravated this condition. Dr. Rand stated:




      What I really think happened with Mr. Dunn is that he
      became so disturbed about this incident and his whole life
      [became] focused on this issue of this coke and this contaminated
      and the burn and the illness that he had conjured
      in his own mind that the psychological and physical
      stresses of that tended to make in — you know, tended to
      make him develop this hyperacidity problem and he became
      fixated, he had a singleness thought. I mean, his
      whole life became involved in these symptoms. I mean,
      he — you know, he reported to me that he lost — he had



In his opinion, Mr. Dunn was going to have this condition for the rest of his life.




We first address the issue of the propriety of the voir dire examina

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