Dugas v. Coca Cola Bottling Co.

The majority takes the' position that there was no reasonable evidentiary basis to support the trial judge’s factual finding that Dugas had not undertaken to open the bottle when the explosion occurred. I disagree and respectfully dissent from the majority view which, in my opinion, has violated the principle of appellate factual review enunciated in Canter v. Koehring Company, 283 So.2d 716 (La.1973).

This principle of appellate review was stated by Justice Tate in Canter as follows:

“When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility,…