Atlanta Coca-Cola Bottling Co. v. Rosser

Hill, Presiding Justice.

While driving his car, Luther Rosser was hit from the rear by a truck bearing the Coca-Cola logo and loaded with Coca-Cola products. Rosser sued Atlanta Coca-Cola Bottling Co. (“Coke”) for various items including medical expenses, loss of earnings and earning capacity, and punitive damages. After Rosser rested, the bottling company moved for directed verdict based upon Rosser’s failure to prove that the truck involved in the accident was owned by it or that the driver was driving the truck on its behalf. The trial court allowed Rosser to reopen and, over objection,…