Hudnall v. Travelers Insurance Co.

148 So. 2d 840, 1963 La. App. LEXIS 1215
CourtLouisiana Court of Appeal
DecidedJanuary 7, 1963
DocketNo. 903
StatusPublished
Cited by4 cases

This text of 148 So. 2d 840 (Hudnall v. Travelers Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hudnall v. Travelers Insurance Co., 148 So. 2d 840, 1963 La. App. LEXIS 1215 (La. Ct. App. 1963).

Opinions

REGAN, Judge.

Plaintiffs, Gail and Jerry Hudnall, instituted this suit against the defendants, The Louisiana Coca-Cola Bottling Company, Ltd. and its liability insurer, The Travelers Insurance Company, endeavoring to recover the sum of $29,402.00, representing the monetary value of personal injuries and medical expenses incurred by them when a bottle containing Coca-Cola exploded on November 28, 1960 in Giordano’s Super Market and a piece of glass emanating therefrom severed the Achilles tendon above the heel of plaintiff’s left foot.

Plaintiffs initially invoked the doctrine of res ipsa loquitur, and in the alternative, they insisted that the negligence of the defendant’s agent caused the accident and the injuries resulting therefrom.

The defendants denied any liability for the accident and asserted that the bottle was caused to explode when a customer of the super market inadvertently knocked it from the shelf, where it was displayed, to the floor of the establishment.

From a judgment in favor of Gail Hud-nall in the amount of $8,000 for personal injuries and in favor of her husband, Jerry Hudnall, in the amount of $973.22 for medical expenses incurred by, the community, the defendants have prosecuted this appeal.

The litigants agree that the plaintiff incurred an injury to the Achilles tendon above her left heel when a glass fragment emanating from an exploded Coca-Cola bottle pierced her leg during the course of a shopping trip in Giordano’s Super Market. The defendant concedes that the plaintiff was not responsible for the rather unusual chain of events which occurred on that day, and which ultimately resulted in her injury.

The trial court predicated its judgment for the plaintiffs on a finding that the defendant’s agent was negligent, in that he kicked the bottle which' caused it to explode; however, our review of the record convinces us that the plaintiffs did not actually prove the negligence of the agent in this respect by a reasonable preponderance of the evidence.

Therefore, the initial question which this appeal has posed for our consideration is whether the doctrine of res ipsa loquitur is applicable to the facts hereof which, if so, would have the ultimate effect of shifting the burden of proof upon the defendant to establish its freedom from fault in order tó avoid liability. The answer to this question requires a careful analysis of the record.

The record reveals that on the day she was injured, plaintiff was visiting Giorda-no’s Super Market, a rather small self-service store located in Belle Chasse, in order to purchase foodstuffs. She and the proprietress were conversing near the bread counter when their attention was attracted by an explosion.

Plaintiff instinctively turned to ascertain the cause thereof, and at that instant she noticed that her leg was- bleeding profusely. Simultaneously, Mrs. Giordano, the proprietress, likewise turned and observed that a “coke” bottle had exploded leaving the liquid contents thereof and glass fragments emanating therefrom, scattered in the aisle. The noise originated in front of the shelf where full cartons of Coca-Cola were displayed and which was located approximately 12 feet from where plaintiff and Mrs. Giordano were engaged in an animated conversation.

Mrs. Giordano was unable to explain the cause of the explosion but related that there were four people in the store when it occurred; namely, herself, the plaintiff, a colored helper employed on the beverage delivery truck, who, together with a hand-[842]*842truck, was positioned directly in front of the Coca-Cola rack, and Mrs. Braud, a customer who was standing several feet behind the helper and away from the Coca-Cola shelves.

Mrs. Braud fully confirmed the proprietress’ testimony in the foregoing respect. In addition thereto she recounted that she was moving her cart into the aisle adjacent to the Coca-Cola rack when she noticed the colored helper near the rack pushing a handtruck loaded with full cases of Coca-Cola. Just before the explosion occurred, the helper started to back into her and in order to avoid coming in contact with him, she stepped backward. In the course of this maneuver, she heard the explosion and subsequently noticed a piece of the broken bottle near the front of her grocery cart.

Although Mrs. Giordano and Mrs. Braud unequivocally testified that the colored helper was moving around with his hand truck in front of the rack preparing to replenish the shelves thereof with filled cartons of “coke”, the defendant’s witnesses, both of whom were its employees, laboriously insist that it was the white driver who was standing by the rack and the colored helper was in the storeroom.

The driver, in order to sustain the foregoing assertion, explained that it was his routine when making a delivery to enter the store and arrange the beverage rack for the reception of new stock and then to determine how many cases of “coke” are required to fill the shelves. In the meantime, the helper is normally engaged in loading cases thereof on a handtruck which are then wheeled into the storeroom. Once the driver ascertains how many bottles of Coca-Cola should be placed on the display shelves, he walks to the storeroom and instructs his helper to bring in the required amount.

The driver related that on the day of the accident he had just finished determining the amount of Coca-Cola which the store required, when the explosion occurred. He further laboriously asserted that just before the explosion occurred he heard bottles tumbling “like rocks” from the root beer rack, which, he speculates, possibly knocked the coke bottle over.

The helper corroborated the driver’s version of what occurred, and reiterated that from his remote position in the storeroom he also heard a cascade of bottles hitting the floor. The helper insisted that he had not been in the main part of the store when the accident occurred. Of course, as we have said, this is very definitely disputed by both Mrs. Giordano, the proprietress, and Mrs. Braud, a customer, who place the colored helper and his handtruck next to the Coca-Cola shelves when the explosion occurred.

Both employees of the Coca-Cola Company testified that after the explosion there were several root beer bottles on the floor, which contradicts the testimony of the proprietress and Mrs. Braud who observed only the broken fragments of the Coca-Cola bottle and the liquid contents thereof on the floor. Significantly, the colored helper who cleaned up the debris asserted that the only glass which he picked up emanated from a broken Coca-Cola bottle.

As we have observed herein-above, the record does not support the trial court’s conclusion that the explosion occurred when the colored helper accidently kicked over a bottle of Coca-Cola. No one saw this, nor did anyone say that they actually saw a “coke” bottle fall to the floor before it exploded. However, it is interesting to note that at least one of the defendant’s employees was in an excellent position to have noticed what did occur to cause the explosion.

Thus, in order to permit the plaintiff to establish a case, it was essential that she invoke the evidentiary rule of res ipsa loqui-tur herein, since she was totally unaware of the manner in which her injury was inflicted.

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Related

Coby v. First Union National Bank of Florida
792 So. 2d 1220 (District Court of Appeal of Florida, 2001)
Dugas v. Coca Cola Bottling Co.
356 So. 2d 1054 (Louisiana Court of Appeal, 1978)
Gabriel v. Royal Products Div. of Washington Prod.
159 So. 2d 384 (Louisiana Court of Appeal, 1964)
Hudnall v. Travelers Insurance Co.
150 So. 2d 586 (Supreme Court of Louisiana, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
148 So. 2d 840, 1963 La. App. LEXIS 1215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudnall-v-travelers-insurance-co-lactapp-1963.