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Opinions in Louisiana that cite Philippe v. Browning Arms Co., 395 So. 2d 310.

103 citing documents.

Levi v. SW La. Elec. Membership Co-Op. 542 So. 2d 1081 La. 1989
La.C.C.Code art. 2476; Weber v. Fidelity & Casualty Insurance Co. of N.Y., 259 La.
Henry v. National Union Fire Ins. Co. 542 So. 2d 102 La. Ct. App. 1st Cir. 1989
Weber v. Buccola-McKenzie, Inc. 541 So. 2d 315 La. Ct. App. 5th Cir. 1989
"The amount of damages awarded should, however, compensate plaintiff for the difference between his ability to earn immediately prior to the injury and his ability to earn after the injury."
Ard v. Kraft, Inc. 540 So. 2d 1172 La. Ct. App. 1st Cir. 1989
Bernard v. Casualty Reciprocal Exchange 534 So. 2d 1348 La. Ct. App. 5th Cir. 1988
Harris v. Wright Furniture of Gonzales 527 So. 2d 1063 La. Ct. App. 1st Cir. 1988
the Louisiana Supreme Court on rehearing allowed recovery of attorney’s fees and damages pursuant to LSA-C.C.
Woods v. Monroe Manor Nursing Homes, Inc. 530 So. 2d 1221 La. Ct. App. 2d Cir. 1988
LeBleu v. Dynamic Indus. Constructors, Inc. 526 So. 2d 1184 La. Ct. App. 3d Cir. 1988
Hostetler v. W. Gray & Co., Inc. 523 So. 2d 1359 La. Ct. App. 2d Cir. 1988
[8] on the instant circumstances.
Wong v. East Baton Rouge Parish Sheriff's Office 522 So. 2d 1134 La. Ct. App. 1st Cir. 1988
See, for example, Borden, Kraaz v. La Quinta Motor Inns, Inc.
Schwamb v. Delta Air Lines, Inc. 516 So. 2d 452 La. Ct. App. 1st Cir. 1987
See -17 (La.1981) ( on reh'g ).
Tide Craft, Inc. v. Red Ball Oxygen Co. 514 So. 2d 664 La. Ct. App. 2d Cir. 1987
(Attorney's fee award of $25,000.00 not inadequate where judgment was for $800,000.00).
Caruso v. Lindheim 512 So. 2d 1232 La. Ct. App. 5th Cir. 1987
Belser v. St. Paul Fire & Marine Ins. 509 So. 2d 12 La. Ct. App. 1st Cir. 1987
a personal injury action, that a seller-manufacturer's act of delivering a defective thing, when he knows of the defect, gives rise to delictual as well as contractual liability.
Rowell v. Carter Mobile Homes, Inc. 500 So. 2d 748 La. 1987
The manufacturer is presumed to know of the vices in the things he makes, Radelec, Inc. v. Automatic Firing Corp., supra ; Weber v. Fidelity & Casualty Ins.
Norris v. Bell Helicopter Textron 495 So. 2d 976 La. Ct. App. 3d Cir. 1986
Guillory v. Jim Tatman's Mobile Homes, Inc. 490 So. 2d 1185 La. Ct. App. 3d Cir. 1986
and hold that: "` Philippe v. Browning Arms Co., supra, in our opinion, is authority for the *1188 proposition that the purchaser who sustains damages because he or she purchased a redhibitorily defective product is entitled to be compensated for all provable damages, including inconvenience and mental angu
LaFleur v. John Deere Co. 491 So. 2d 624 La. 1986
Chappuis v. Sears Roebuck & Co., 358 So.2d at 929 .
Labit v. Setiff 489 So. 2d 942 La. Ct. App. 5th Cir. 1986
on rehearing (La.1981), a discount rate of 7% was accepted.
Robinett v. Sears, Roebuck & Co. 485 So. 2d 953 La. Ct. App. 1st Cir. 1986
Rasmussen v. Cashio Concrete Corp. 484 So. 2d 777 La. Ct. App. 1st Cir. 1986
App. 1st Cir.1984), writ denied, (); Fontenot v. F. Hollier & Sons, (La.App.
Fontenot v. F. Hollier & Sons 478 So. 2d 1379 La. Ct. App. 3d Cir. 1986
the purchaser of a defective shotgun sued the manufacturer for the injuries he received when the gun misfired and injured his thumb.
Walker v. Maybelline Co. 477 So. 2d 1136 La. Ct. App. 1st Cir. 1985
Facts which give rise to a products liability suit can contain elements of both tort and redhibition as shown in the case relied on by the plaintiff, (on rehearing).
Jackson v. JI Case, Inc. 473 So. 2d 359 La. Ct. App. 5th Cir. 1985
Easterling v. Halter Marine, Inc. 470 So. 2d 221 La. Ct. App. 4th Cir. 1985
The standard by which these steps are judged is that of a (La.
Richardson v. Continental Ins. Co. 468 So. 2d 675 La. Ct. App. 3d Cir. 1985
Blakeney v. Tidewater Compression Service, Inc. 463 So. 2d 914 La. Ct. App. 2d Cir. 1985
Bourne v. Rein Chrysler-Plymouth, Inc. 463 So. 2d 1356 La. Ct. App. 1st Cir. 1984
on rehearing, stated the duty of a manufacturer as being "the obligation to produce a product which is reasonably safe for its intended use" and that "[b]reach of this obligation gives rise to a cause of action in favor of the purchaser of the product not only to demand the return of the purchase price
Cutchall v. Great American Pump Co. 460 So. 2d 1106 La. Ct. App. 2d Cir. 1984
Prejean v. Great Atlantic & Pacific Tea Co. 457 So. 2d 60 La. Ct. App. 4th Cir. 1984
Wright v. Ouachita Coca-Cola Bottling Co., Inc., (La.
Winterrowd v. Travelers Indem. Co. 452 So. 2d 269 La. Ct. App. 2d Cir. 1984
1981); Weber v. Fidelity & Casualty Insurance Co. of New York, 259 La.
Fritscher v. Chateau Golf & Country Club 453 So. 2d 964 La. Ct. App. 5th Cir. 1984
1979)] or the common law doctrine of avoidable consequences [ ], an injured person has a duty to take reasonable steps to minimize his loss....
Quattlebaum v. Hy-Reach Equipment Inc. 453 So. 2d 578 La. Ct. App. 1st Cir. 1984
(on rehearing), the court observed that, while La.C.C.
Wright v. Ocean Drilling & Exploration Co. 444 So. 2d 129 La. Ct. App. 4th Cir. 1984
Thomas v. W & W CLARKLIFT, INC. 444 So. 2d 1300 La. Ct. App. 4th Cir. 1984
Furthermore, as between Clarklift as seller-overhauler and Sheen as buyer of the overhauled forklift, the codal articles on sales are applicable, even in a "tort" case
Franklin v. Able Moving & Storage Co., Inc. 439 So. 2d 489 La. Ct. App. 1st Cir. 1983
Hubbard v. General Motors Corp. 438 So. 2d 671 La. Ct. App. 2d Cir. 1983
on rehearing, our jurisprudence consistently denied damages for mental anguish over redhibitory defects in automobiles.
Insurance Co. of North America v. Sentinel Safety System, Inc. 437 So. 2d 915 La. Ct. App. 2d Cir. 1983
Cited as authority for this position is Louisiana products liability law as explicated in a number of cases, and Weber v. Fidelity & Casualty Co., 259 La.
F & S OFFSHORE v. Serv. MacH. & Shipbuilding 430 So. 2d 1167 La. Ct. App. 1st Cir. 1983
Drewes v. Giangrosso 429 So. 2d 198 La. Ct. App. 1st Cir. 1983
Dunaway v. Rester Refrigeration Service, Inc. 428 So. 2d 1064 La. Ct. App. 1st Cir. 1983
Under either the Louisiana doctrine of mitigation of damages ( [La.1979]), or the common law doctrine of avoidable consequences ( [La.1980]), an injured person has a duty to take reasonable steps to minimize his loss.
Price v. Huey Childs Builder, Inc. 426 So. 2d 398 La. Ct. App. 2d Cir. 1983
[2] In such a case, a court could potentially fashion a sui generis combination of statutory *401 rights, coupling redhibition and breach of contract remedies, wherein the Supreme Court coupled tort and redhibition remedies in compensating a plaintiff damaged by injuries arising from a single set of factual circumstances.
Storey v. Lambert's Limbs & Braces, Inc. 426 So. 2d 676 La. Ct. App. 1st Cir. 1982
Holmes v. Texaco, Inc. 422 So. 2d 1302 La. Ct. App. 5th Cir. 1982
Further, the Supreme Court approved an award in which a discount rate of 7% was used.
Holden v. Clearview Dodge Sales, Inc. 416 So. 2d 335 La. Ct. App. 4th Cir. 1982
In Philippe v. Browning *339 Arms Co., (1981), on rehearing, the Louisiana Supreme Court, citing Weber , held that a breach of that obligation by the manufacturer entitles the purchaser not only to demand return of the purchase price, but also "to demand all damages caused by the defect and reasonable attorneys' fees" because the manufacturer is "presumed
Merrell v. State, Through Dept. of Transp. 415 So. 2d 660 La. Ct. App. 3d Cir. 1982
Thibodeaux v. Hood Enterprises, Inc. 415 So. 2d 530 La. Ct. App. 1st Cir. 1982
a personal injury action, that a seller-manufacturer's act of delivering a defective thing, when he knows of the defect, gives rise to delictual as well as contractual liability.
Slagle v. Morgan 410 So. 2d 371 La. Ct. App. 4th Cir. 1982
on rehearing (attorneys' fees awarded in tort action, when facts indicated that a redhibitory action could also have been brought); see generally La.C.C.P.
Champion v. Panel Era Mfg. Co. 410 So. 2d 1230 La. Ct. App. 3d Cir. 1982
on rehearing the Louisiana Supreme Court stated: "While C.C.
DeBattista v. Argonaut-Southwest Ins. Co. 403 So. 2d 26 La. 1981
Although strict liability can also be based on a theory of an implied warranty running from the manufacturer to the plaintiff, Media Production Consultants, Inc. v. Mercedes-Benz of North America, Inc., 262 La.

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