Lanza v. De Ridder Coca-Cola Bottling Co.

• Decision Date: 30 June 1941
• Docket Number: 2253.
• Citation: 3 So.2d 217
• Court: Court of Appeal of Louisiana — District of US
• Parties: LANZA v. DE RIDDER COCA COLA BOTTLING CO.

3 So.2d 217

LANZA v. DE RIDDER COCA COLA BOTTLING CO.

No. 2253.

Court of Appeals of Louisiana, First Circuit

June 30, 1941

Appeal from District Court, Parish of Beauregard; John T. Hood judge.

Pujo Hardin & Porter, of Lake Charles, for appellant.

Hawkins & Tritico, of Lake Charles, for appellee.

OTT, Judge.

Plaintiff sues for damages in the sum of $5,275 which she claims to have suffered as a result of the explosion of a bottle of coca cola which she took from the ice box in her store to serve a customer. She alleges that the coca cola was purchased from the defendant company and the bottle of coca cola had not been opened or tampered with, or improperly handled, from the time it left the possession of the defendant company to the time of the explosion; that the sole cause of the explosion of the bottle was the negligent careless and improper bottling and manufacture of said coca cola; that the defendant company is in a better position to know the particular defects in the bottling and manufacture of said bottle of coca cola than plaintiff, and for that reason the doctrine of res ipsa loquitur is invoked.

It is alleged that fragments of broken glass from the bottle struck plaintiff on her face, lips and arms, causing severe lacerations and scars. Her alleged damages are made up of physical pain and suffering, mental pain and suffering deformity and disability, nervous shock, loss of time and medical expenses. The defendant denied practically all of the allegations of the petition, and as a kind of alternative plea, alleges that if there was an explosion of the bottle of coca cola, it had been in possession of plaintiff and under her control for more than twelve hours, and if it did explode, the explosion was caused from improper handling by her or someone operating the store while the bottle was in the ice box; that plaintiff did not preserve the bottle but cast it aside and has failed to produce it for defendant's examination and inspection. It is further alleged that all bottles of coca cola manufactured by the defendant company are filled with utmost care with regard to gas pressure and the bottle alleged to have exploded was not overcharged.

The trial court rendered judgment for the plaintiff in the sum of $750. The defendant has appealed, and the plaintiff has answered the appeal, asking for an increase in the award.

The following facts are proved with legal certainty: that plaintiff was in the act of taking the bottle of coca cola from an ice box furnished her by the defendant company and had pulled the bottle a few inches above the top of the water in the ice box when the bottle exploded (bursted or "busted" as some of the witnesses say), and fragments of glass from the bottle flew up and struck her in the face and on her right arm, causing a rather deep cut on her upper lip just below and to the right of her nose, and also causing a rather severe cut and laceration on her right arm; that the bottle of coca cola was purchased from the defendant company the day before the explosion and was not frozen or knocked against other bottles or the sides of the box as it was being pulled from the ice water just before the explosion occurred.

Under this finding of fact we think the trial judge was correct in applying the doctrine of res ipsa loquitur as was done in the case of Auzenne v. Gulf Public Service Co., La.App., 181 So. 54 and 188 So. 512. The plaintiff having proved that the bottle was not improperly handled after it left the possession of the defendant company, the presumption arises, that, if there were any defects in the bottle or if there was an overcharge of gas in the bottle, this fact would be more within the knowledge of the defendant than that of the plaintiff. With this proof, plaintiff made out a prima facie case of negligence against the defendant as it must be assumed that a bottle will not explode when properly handled unless there is some defect in the bottle or improper charging or mixture of the contents.

Learned counsel for defendant insist that the doctrine should not be applied in this case, or at least that it should not be applied to its fullest extent for the reason that the plaintiff failed to produce the bottle for examination by defenda...