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Family Sues Over Vend Machine Death

MONTREAL (AP) — The family of a man who was crushed to death by a vending machine is suing Coca-Cola Co., two other companies and a Quebec university.

Kevin Mackle, 21, was killed in 1998 when the machine at Bishop’s University in Lennoxville, Quebec, tipped over when he shook it, trying to dislodge a drink.

In the $665,000 lawsuit, Mackle’s family blamed the defendants “for the moral harm and material loss” — such as funeral costs — resulting from the accident.

It said the defendants knew that the vending machine model had a history of tipping over when shaken, but did nothing to warn people of the danger or prevent it from happening.

A statement filed with the lawsuit claimed that the manufacturer of the machine, the California-based Vendo Company, was aware of a defect that made the vending machine tip over.

Although the problem was well known, Coca Cola, Vendo and Beaver Foods — the operator of the vending machine — did nothing to warn consumers, the lawsuit said.

It also said a university employee was aware that students often rocked the machine, but did nothing to stop it.

Coca-Cola spokeswoman Shannon Denny said the company has put labels on vending machines that warn “tipping or rocking may cause injury or death.”

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