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DARBONNE v. WAL-MART STORES, INC.

No. 00-551.

774 So.2d 1022 (2000)

Gerard DARBONNE and Trisha L. Darbonne v. WAL-MART STORES, INC., Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 28, 2000.

Attorney(s) appearing for the Case

Arthur W. Landry, Elizabeth S. Schell, PlauchÉ, Maseli, Landry & Parkerson, New Orleans, LA, Counsel for Defendants/Appellants, Johnson Controls, Inc. and Wal-Mart Stores, Inc.

Chris Villemarette, Craig A. Davis, J. Minos Simon, J. Minos Simon, Ltd., Lafayette, LA, Counsel for Plaintiffs/Appellees Gerard Darbonne and Rrisha L. Darbonne.

(Court composed of Judge HENRY L. YELVERTON, Judge ULYSSES GENE THIBODEAUX and Judge SYLVIA R. COOKS).

THIBODEAUX, Judge.

The defendants, Johnson Controls, Inc. and Old Republic Minnehoma Insurance Company, appeal a judgment in favor of the plaintiffs, Gerard and Tricia Darbonne, in this products liability suit. The trial judge found that the automotive battery manufactured by Johnson Controls was unreasonably dangerous when it left the control of the manufacturer. The court concluded that the battery's defective condition caused it to explode suddenly and without...

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