CASHIO v. KOJIS AND SONS SIGNS

No. CA 900222.

568 So.2d 1388 (1990)

Sam CASHIO, Jr. and Susan Cashio, Individually, and Sam Cashio on Behalf of his Legal and Natural Minor Son, Todd M. Cashio v. KOJIS AND SONS SIGNS, The Travelers Insurance Company and Sterling Sign Corporation.

Court of Appeal of Louisiana, First Circuit.

Writ Denied January 11, 1991.


Attorney(s) appearing for the Case

Julius P. Hebert, Houma, for plaintiffs and appellants, Sam Cashio, Jr. and Susan Cashio.

Philip J. McMahon, Houma, for defendants and appellees, Kojis & Sons Signs and Travelers Ins. Co.

Albert C. Miranda, Metairie, for defendants and appellee, Sterling Sign Corp.

Before SAVOIE, CRAIN and FOIL, JJ.


FOIL, Judge.

The only issue in this appeal is whether a plaintiff in a products liability action may recover attorney's fees as an element of damages from the manufacturer of a defective product, where the plaintiff is a user, but not the purchaser, of the product. We hold that a non-purchaser may not recover attorney's fees from the manufacturer of a defective product, and affirm the lower court's action in striking this item of damages from plaintiff's petition...

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