Legal Opinion

Franco v. Mercedes-Benz USA, LLC

Louisiana Court of Appeal

Decided October 17, 2018No. 17-CA-431Published

1Opinion of the CourtChaisson, J.

In this case arising out of a petition for redhibition filed by the purchaser of an allegedly defective automobile, Philip Franco appeals a May 9, 2017 judgment of the trial court sustaining a peremptory exception of no cause of action filed by *1055Mercedes-Benz USA, LLC ("MBUSA"), which dismissed Mr. Franco's claims with prejudice. For the following reasons, we reverse the judgment of the trial court and remand the case for further proceedings.

FACTS AND PROCEDURAL HISTORY

On December 22, 2016, Mr. Franco filed a petition of redhibition in which he set forth the following allegations:

On January…

2Cases cited4 opinions

  1. Khoobehi Properties, LLC v. Baronne Development No. 2, L.L.C.Louisiana Court of Appeal · 2017
  2. Hurricane Fence Co. v. Jensen Metal Products, Inc.Louisiana Court of Appeal · 2013
  3. Parish of Jefferson v. Bankers Insurance Co.Louisiana Court of Appeal · 2012
  4. C & M Contractors, Inc. v. Team Persuasion Enterprises, Inc.Louisiana Court of Appeal · 1999

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