Stewart v. Barq's Beverages, Inc.
Louisiana Court of Appeal
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
- Le Blanc v. Louisiana Coca Cola Bottling Co.Supreme Court of Louisiana · 1952
- Paul v. Hardware Mutual Ins. Co.Louisiana Court of Appeal · 1971
- Harrison v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983
- Banks v. Jefferson Bottling CompanyLouisiana Court of Appeal · 1971
- Blount v. Gulf South Beverages, Inc.Louisiana Court of Appeal · 1983
3Cited by3 opinions
- Erysthee v. El Nuevo Lirio Grocery, Bodegas Espanolas Argentinas, Corp.District Court, Virgin Islands · 1990
- Simms v. Baton Rouge Coca-Cola Bottling Co.Louisiana Court of Appeal · 1984
- Armstrong v. Pepsi-Cola General Bottlers, Inc.Louisiana Court of Appeal · 1990