CHARLESTON -- A couple is suing Millercoors, Cone Distributing, Wal-mart and Publix Supermarkets after a Miller Lite beer bottle caused injury.

On June 28, 2008, Harry Harless attended a wedding reception in Gainesville, Fla., and was assisting Susan Learn, the hostess, in restocking a plastic-lined cooler with glass bottles of Miller Lite beer, according to a complaint filed June 18 in Kanawha Circuit Court.

Harless claims the beer was purchased at either Wal-mart or Publix and while placing a particular bottle of beer into the cooler, it exploded, causing a piece of glass to strike him in the eye.

The beer bottle was defective and was unreasonably dangerous and not reasonably safe for its intended use, according to the suit.

Harless claims the defendants failed to give adequate warnings and instructions in a form that could reasonably be expected to catch the attention of a reasonably prudent person in the circumstances of the Miller Lite bottle's respective use and the content of the warnings and instructions failed to give average users a fair indication of the nature and extent of the danger and how to avoid it.

Harless and his wife, Joanne M. Harless, are seeking compensatory and punitive damages. They are being represented by Samuel D. Elswick.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-1095

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