Legal Opinion

Stewart v. Barq's Beverages, Inc.

Louisiana Court of Appeal

Decided December 9, 1983No. CA-0810PublishedCited by 3 opinions

1Opinion of the Court

GULOTTA, Judge.

In this products liability case, Barq’s Beverages, Inc., appealing from a $2,685.00 judgment, claims Arthur Stewart failed to establish that defendant manufactured or bottled a contaminated soft drink. Alternatively, defendant claims the award is excessive. We affirm.

On March 27, 1981, after drinking the contents of a soft drink bottle, plaintiff started feeling “nauseated and woozy and laid down and got sick.” On examining the bottle, Stewart saw a “gray-colored”, “grayish brown” and “slimy looking” substance. Thereafter, he experienced diarrhea, vomiting, dizziness and…

2Cases cited5 opinions

  1. Le Blanc v. Louisiana Coca Cola Bottling Co.Supreme Court of Louisiana · 1952
  2. Paul v. Hardware Mutual Ins. Co.Louisiana Court of Appeal · 1971
  3. Harrison v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983
  4. Banks v. Jefferson Bottling CompanyLouisiana Court of Appeal · 1971
  5. Blount v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983

3Cited by3 opinions

  1. Erysthee v. El Nuevo Lirio Grocery, Bodegas Espanolas Argentinas, Corp.District Court, Virgin Islands · 1990
  2. Simms v. Baton Rouge Coca-Cola Bottling Co.Louisiana Court of Appeal · 1984
  3. Armstrong v. Pepsi-Cola General Bottlers, Inc.Louisiana Court of Appeal · 1990

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