Jenkins v. Charter Marketing Co.

DOUCET, Judge.

On July 19, 1984, at approximately 2:00 in the morning, plaintiff-appellant, Donny Jenkins, and his friend, Kip Brown, entered into Charter Marketing Company Service Station (commonly known as Billups) apparently for the purpose of purchasing microwave sandwiches. Defendant-appellee, Francisco Denis, an employee of Billups, was present in the store at this time and was working in his capacity as the store clerk. At this point, there is a conflict in testimony of how the circumstances of the incident unfolded.

Mr. Denis states that plaintiff and his companion, Kip Brown, entered…