HUBBARD v. GENERAL MOTORS CORP.

No. 15599-CA.

438 So.2d 671 (1983)

James T. HUBBARD, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

September 20, 1983.


Attorney(s) appearing for the Case

Bodenheimer, Jones, Klotz & Simmons by James P. Bodenheimer, Shreveport, for plaintiff-appellant.

Hudson, Potts & Bernstein by Gordon L. James, Monroe, for defendants-appellees; Patricia S. Harris and Judith A. Zakens, Detroit, Mich., of counsel.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.


FRED W. JONES, Jr., Judge.

The primary issue posed by this appeal from summary judgments in favor of defendants is whether, in an action to rescind the sale of an automobile because of alleged redhibitory defects, recovery may also be had for damages if it is proven that the vendee had a heart condition which was exacerbated by mental anguish over the car defects and that this heart problem led to his death.

In June 1978 James T. Hubbard sued Rountree-Olds...

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