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MARSH v. COCA COLA BOTTLING CO. OF SHREVEPORT, INC.

No. 13415.

353 So.2d 1106 (1977)

Thomas Lee MARSH, Plaintiff-Appellant, v. COCA COLA BOTTLING COMPANY OF SHREVEPORT, INC. and Commercial Union Insurance Company, Defendants-Appellees, Michael Earl Mayfield, Third-Party Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 5, 1977.

Attorney(s) appearing for the Case

Claudius E. Whitmeyer, Shreveport, for plaintiff-appellant.

Lunn, Irion, Switzer, Johnson & Salley by Jack E. Carlisle, Jr., Shreveport, for defendants-appellees, Coca Cola Bottling Co. of Shreveport, Inc. and Commercial Union Ins. Co.

Nelson & Achee, Ltd. by Roland J. Achee, Shreveport, for third-party defendant-appellee, Michael Earl Mayfield.

Before PRICE, HALL and JONES, JJ.

HALL, Judge.

Plaintiff appeals from a judgment awarding him damages of $1,750 for pain and suffering, $750 for medical expenses, and $75 for property damage, arising out of a highway accident. The only issue on appeal is quantum.

The trial court held:

"The Court is of the opinion, however, that the striking or collision was very slight. The testimony indicated that the driver of the Mayfield vehicle was not sure that an actual striking had taken place...

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