Morris v. Louisiana Coca-Cola Bottling Co., Ltd.

• Decision Date: 28 December 1977
• Docket Number: COCA-COLA,No. 11688,11688
• Parties: Oradel MORRIS, wife of/and James Morris, v. The LOUISIANABOTTLING COMPANY, LTD., et al.
• Court: Court of Appeal of Louisiana — District of US

Page 659

354 So.2d 659

Oradel MORRIS, wife of/and James Morris, v. The LOUISIANA COCA-COLA BOTTLING COMPANY, LTD., et al.

No. 11688.

Court of Appeal of Louisiana, First Circuit.

Dec. 28, 1977.

Rehearing Denied Feb. 13, 1978.

Harold B. Carter, Jr., Sylvia Landry, New Orleans, for plaintiffs and appellants.

James R. McClelland, Franklin, Laurence E. Best and Huntington B. Downer, Jr., Houma, Harry McCall, Jr., New Orleans, for defendant and appellee.

Before BLANCHE, COVINGTON and CHIASSON, JJ.

BLANCHE, Judge.

Mr. and Mrs. James Morris are appealing the granting of a motion for summary judgment dismissing Cannata's Supermarket, Inc., as a defendant in their tort action for personal injury and damages arising from an explosion in their home of a soft drink bottle which was purchased from the vendor-defendant.

The record indicates that on December 14, 1974, plaintiffs purchased from Cannata's Supermarket, Inc., among other items, two 48-ounce sized bottles of a soft drink labeled "Coca-Cola." They loaded the groceries in a station wagon type vehicle and took them directly to their nearby residence, unloaded the groceries, and with no delay, Mrs. Morris placed the two soft drink bottles on the floor of their pantry. The contents of one of the bottles was consumed by plaintiffs' son; and then on December 19, 1974, while Mrs. Morris was seeking an item from the pantry, the remaining bottle exploded, injuring her.

On May 4, 1977, Cannata filed a motion for summary judgment on the grounds that the pleadings, answers to interrogatories and deposition of Mrs. Morris, together with the affidavit of Mr. Jimmy Blakeman, the supermarket manager, showed no genuine issue as to material fact.

The material fact referred to is the negligence of Cannata's officers and employees, and defendant contends that the documents referred to fail to point to any act or omission of negligence on their part. The trial judge completely agreed with defendant, stating in Written Reasons for Judgment that his review of the foregoing documents failed to reveal any evidence of "acts or omissions of negligence on the part of the officers and employees of Cannata's Supermarket, Inc."

On the other hand, the defendant points to the affidavit of Mr. Blakeman which stated that during December of 1974 the Coca-Cola products were delivered on Tuesdays and Fridays and that on Wednesdays the Coca-Cola vendor took orders for the product. Mr. Blakeman also stated that on both the delivery and order days the personnel of the Coca-Cola vendor handled the bottles and stocked the...