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On Apr 5, 2021 Carter was in Omaha, Nebraska attending a seminar and was a guest at the Blue beiger Inn. At the end of

On Apr 5, 2021 Carter was in Omaha, Nebraska attending a seminar and was a guest at the Blue beiger Inn. At the end of the first day of the seminar, Carter took a swim in the motel's pool. Following his swim, Carter stopped to purchase a soda from a vending machine on the motel's eleventh floor. The machine was owned and operated by Pepsi Cola Bottling of Omaha (Pepsi). Carter was still wearing his wet swimming trunks and was barefoot. As he inserted his money into the vending machine, an electrical current passed through his body.

After Carter reported the accident, a service technician inspected the machine and found that the power cord connecting the rear of the machine to the electrical socket was resting underneath the machine's metal cabinet. He noticed that the power cord's metal conducting wires were exposed and came into contact with the machine's cabinet.

After the accident, Carter suffered pain while having intercourse with his wife and became impotent. According to expert medical testimony, Carter's impotence resulted from the electrical shock. Pepsi denied that the shock was the cause of his impotence. He sued Pepsi for negligence. The jury awarded Carter $325,000 in damages.

At trial, Pepsi's service foreman, Cavier, testified that Pepsi had no policy for regularly inspecting the power cords of the 3000 machines that he serviced in the Omaha area. He also testified that he saw about 8-10 damaged power cords on the machines per year, and that the service department received about 3 calls per year about machines causing electrical shocks. Pepsi has appealed the jury's verdict. You are the judge assigned to write the opinion. Is Pepsi liable for negligence? Why or why not?

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