Simms v. Baton Rouge Coca-Cola Bottling Co.

SHORTESS, Judge.

This matter comes to us on remand from the Supreme Court, 456 So.2d 163, with instructions to reconsider our original decision in the light of Lacey v. Louisiana Coca-Cola Bottling Co., Ltd. 452 So.2d 162 (La.1984). We will not restate the relevant facts, since they are adequately stated in the original opinion. Simms v. Baton Rouge Coca-Cola Bottling Co., Ltd., 450 So.2d 1022 (La.App. 1st Cir. 1984).

In Lacey, the Fourth Circuit Court of Appeal reversed the trial court’s award for plaintiff, finding that plaintiff had failed to produce sufficient evidence to prove that the…