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SIMMS v. BATON ROUGE COCA-COLA BOTTLING CO., LTD.

No. 83 CA 0691.

450 So.2d 1022 (1984)

Joyce SIMMS and James Simms v. BATON ROUGE COCA-COLA BOTTLING CO., LTD.

Court of Appeal of Louisiana, First Circuit.

Writ Granted September 14, 1984.

Attorney(s) appearing for the Case

Sumpter B. Davis, III, Baton Rouge, for plaintiffs-appellees Joyce Simms and James Simms.

Calvin E. Hardin, Jr., Baton Rouge, for defendant-appellant Baton Rouge Coca-Cola Bottling Co., Ltd.

Before SHORTESS, LANIER and CRAIN, JJ.

SHORTESS, Judge.

Joyce Simms and her husband, James Simms, sued the Baton Rouge Coca-Cola Bottling Co., Ltd. (defendant) in both tort and redhibition to recover damages they allegedly incurred when Joyce Simms drank a contaminated Coca-Cola.

They allege that on Saturday, September 25, 1982, Joyce Simms (plaintiff) purchased two bottles of Coca-Cola from a Baton Rouge convenience store. After taking one or two swallows of her drink, plaintiff became aware of...

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