Judge must decide who owns winning bottle cap

Bill Gang

Tuesday, March 24, 1998 | 10:07 a.m.

The camaraderie of two employees at a local health food store has lost its fizz over a very non-health-food product -- a bottle of Pepsi Cola.

The question of who owned the elusive bottle has resulted in a District Court lawsuit, but not over the 60 cents or so that Judy Richardson paid for it and not over the beverage itself.

It's over the cap which, it turns out, was the $1 million winning cap in the Pepsi Cola Globe Buck Contest.

The lawsuit, filed Monday through attorneys Lane Kay and Robert Goldstein, is asking District Judge Gene Porter decide ownership of the cap and with it the $1 million prize.

Named in the lawsuit are Richardson's co-worker, Sindy Allen, and the Pepsi Cola Co.

According to the legal action, Richardson left the Wild Oats health food store at Flamingo and Pecos roads on March 17 to buy a Pepsi at a nearby convenience store.

She brought it back but never had a chance to drink it because the store got busy, the lawsuit stated. When Richardson left for the night she left it unopened on a counter where she "normally places her possessions."

The next day she learned that Allen had taken the bottle, opened it and discovered the winning cap, the lawsuit alleged.

Richardson said she demanded the return of the cap but Allen refused although she is alleged to have known it was Richardson's Pepsi.

Not only is the lawsuit seeking the $1 million but also that Allen be forced to pay punitive damages.

Allen did not return a telephone call Monday.