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SMITH v. ALEXANDRIA COCA COLA BOTTLING CO.

No. 05-686.

918 So.2d 522 (2005)

Aaron SMITH, By Next of Friend v. ALEXANDRIA COCA COLA BOTTLING CO., LTD.

Court of Appeal of Louisiana, Third Circuit.

December 30, 2005.

Attorney(s) appearing for the Case

David K. Persons, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, Counsel for Defendant/Appellee: Ouachita Coca-Cola Bottling, Inc.

J. Craig Jones, Jones & Hill, LLC, Oakdale, Counsel for Plaintiff/Appellant: Alvin R. Smith, Sr. Aaron Smith.

Craig R. Hill, Jones & Hill, LLC, Oberlin, Counsel for Plaintiff/Appellant: Alvin R. Smith, Sr. Aaron Smith.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

DECUIR, Judge.

Both parties appeal the trial court's apportionment of fault in this case involving injuries sustained while using a vending machine. For the reasons that follow, we reverse and render.

FACTS

On August 31, 1996, eleven year old, Aaron Smith, was given four quarters to purchase colas for himself and his father from a Coca-Cola vending machine located in the laundry room of the apartment complex...

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