On May 15, 2003, on her way home from work, Machelle Hardison stopped at the Super Zak’s convenience store on Masonic Drive in Alexandria, Louisiana. Ms.Hardison purchased a slice of pizza, which was heated in the store, and placed in a cardboard box. The slice of pizza was sold to Ms. Hardison by Imad Isa. Ms. Hardison immediately returned to her home and sat down to eat her slice of pizza. According to Ms. Hardison, on her first bite of pizza, she bit into a metal object which caused her to crack a tooth and lose a filling.
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Ms. Hardison filed suit against Imad Isa, Super Zak’s No. 3 Convenience Store1, and Buffet Pizza Company claiming she was injured when she bit down into the pizza. Buffet Pizza Company was dismissed by plaintiff prior to trial. After a trial on the matter, the trial court found in favor of the defendants, concluding as follows:1 It was established at trial that Imad Isa was the President of C-Town, Inc., which was the owner of Super Zak’s No. 3 convenience store.
[Plaintiff] did not prove by a preponderance of the evidence that the foreign object was on the pizza at the time the pizza was removed from the store. The testimony of Ms. Hardison was not sufficient to establish that the foreign object was on the pizza at the time the pizza was in the store.
Plaintiff has appealed the judgment, finding the trial court erred in concluding she failed to prove her case by a preponderance of the evidence. Defendant answered the appeal and requests attorney fees for a frivolous appeal pursuant to La.Code. Civ.P. art. 2164. For the following reasons, we affirm.
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