Hagan and others sued for alleged physical and emotional injuries caused after consuming beverage from a soda container later found to contain a used condom. After trial, the judge awarded a total of $58,000 in damages. Coca-Cola appealed on grounds that Florida follows the "impact rule," which requires that damages for emotional injuries cannot be awarded in the absence of some sort of physical injury. The Fifth District reversed the award but certified the case to the Florida Supreme Court.