Legal Opinion
Cates v. Sears, Roebuck & Co.
Court of Appeals for the Fifth Circuit
Decided April 1, 1991No. Nos. 89-4879, 90-4181PublishedCited by 192 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
Injured while using a power saw built by Emerson Electric Company and marketed as its own by Sears, Roebuck & Co. (hereafter collectively referred to as “Sears”), Charles Anthony Cates, joined by his wife,1 filed suit seeking a refund of the purchase price in a redhibitory action and damages for a products liability claim. The jury awarded a refund of the purchase price and damages in the ex delicto claim reduced by 85% for Cates’ comparative negligence. The district court awarded attorney’s fees for services in connection with the action in redhibition. Dissatisfaction…
2Cases cited48 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Hanna v. PlumerSupreme Court of the United States · 1965
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- Martha Ann Brundage Rozier v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1978
43 more not listed; retrieve them via the Exa API.
3Cited by192 opinions
- Carol Marmo v. Tyson Fresh MeatsCourt of Appeals for the Eighth Circuit · 2006
- Cole v. Celotex Corp.Supreme Court of Louisiana · 1992
- In Re Air Crash Disaster.Court of Appeals for the Sixth Circuit · 1996
- Gilboy v. American Tobacco Co.Supreme Court of Louisiana · 1991
- prod.liab.rep. (Cch) P 14,222 Carl O. Brown, Jr. v. R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1995
187 more not listed; retrieve them via the Exa API.