Lacey v. Louisiana Coca Cola Bottling Co.

AUGUSTINE, Judge.

This appeal arises out of a tort claim by Mrs. Lois Lacey against the Louisiana Coca-Cola Bottling Company (Bottler). The trial court awarded judgment in favor of Mrs. Lacey and the Bottler appeals, alleging that Mrs. Lacey failed to prove who bottled the particular beverage that caused the injury. We conclude that the evidence was insufficient to prove who bottled the beverage in question and reverse the ruling of the trial court.

On January 2, 1981, Brian McCurley purchased for Lois Lacey a canned Fresca beverage from the Seven-Eleven Food Store located at 6050 Magazine…