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MOTT v. BRISTER'S THUNDER KARTS, INC.

No. 95-410.

663 So.2d 233 (1995)

Vince Anthony MOTT and Marcia Jean Hoover Gorum Mott, Individually and as Natural Tutrix/Under Tutor for Kesha Lynn Gorum, Amber Nicole Gorum, David Arthur Mott and Jeremy Keith Mott, Plaintiffs-Appellees, v. BRISTER'S THUNDER KARTS, INC., et al., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1995.

Attorney(s) appearing for the Case

Alvin Bardine King, Robert E. Morgan, Lake Charles, for Vince Anthony Mott et al.

Richard A. Schwartz, Amite, for Brister's Thunder Karts, Inc. et al.

William M. Nolen, Lake Charles, for All American Inc., etc.

James Anthony Blanco, Lake Charles, for Mr. & Mrs. Sutherland & State Farm Fire.

Christopher M. Trahan, Lake Charles, for Association Life Ins. Co.

Before SAUNDERS and SULLIVAN, JJ., and KNIGHT, Pro. Tem.

WILLIAM N. KNIGHT, Judge Pro Tem.

The issues on appeal are whether the trial court erred in granting summary judgment in favor of the third party defendants and whether the third party defendants are entitled to damages for a frivolous appeal.

FACTS

John and Sherri Sutherland were the owners of a go-cart manufactured by Brister's Thunder Karts, Inc., and purchased from All-American, Inc., d/b/a All American True Value Hardware. On February...

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