Arnold v. Wray Ford, Inc.

606 So. 2d 549, 1992 La. App. LEXIS 2731, 1992 WL 233132
CourtLouisiana Court of Appeal
DecidedSeptember 23, 1992
Docket23,911-CA
StatusPublished
Cited by5 cases

This text of 606 So. 2d 549 (Arnold v. Wray Ford, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnold v. Wray Ford, Inc., 606 So. 2d 549, 1992 La. App. LEXIS 2731, 1992 WL 233132 (La. Ct. App. 1992).

Opinion

606 So.2d 549 (1992)

Patsy ARNOLD, Plaintiff-Appellee,
v.
WRAY FORD, INC., et al., Defendants-Appellants.

No. 23,911-CA.

Court of Appeal of Louisiana, Second Circuit.

September 23, 1992.

*550 Smitherman, Lunn, Chastain & Hill by Donald Lee Brice, Jr., Shreveport, for Wray Ford, Inc., defendant-appellant.

Cook, Yancey, King & Galloway by Kelly W. Strickland, Shreveport, for Wheel-Master, Inc., defendant-appellant.

F.Q. Hood, Jr., Bossier City, for Patsy N. Arnold, plaintiff-appellee.

Hicks & Hubley by Michael S. Hubley, Shreveport, and Gary L. Hayden, Dearborn, *551 Mich., for Ford Motor Co., plaintiff-appellee.

Before MARVIN, HIGHTOWER and STEWART, JJ.

MARVIN, Chief Judge.

In this redhibitory action, Wray Ford, Inc. and Wheel-Master, Inc. appeal a judgment rescinding the sale of a 1987 Ford van to Patsy Arnold and granting Wray Ford indemnification against Wheel-Master, who customized the van.

We amend to award Wray Ford attorney fees against Wheel-Master and affirm.

FACTS

Patsy Arnold purchased the 1987 customized Ford van on December 28, 1987. The van chassis, equipped by Ford for RV conversion, had originally been purchased by Wheel-Master from another Ford dealer in Indiana. Wheel-Master expended over $4,000 installing such things in the van as a radio-stereo system, an electric sofa, a snack table, venetian blinds and curtains, additional lighting, a large window, and a rear air conditioning unit. Wheel-Master sold the customized van to Wray, who sold it to Arnold.

Beginning in January 1988 Arnold returned the van to the dealership on at least 11 different occasions for repair on 32 work orders. On June 10, 1989, Arnold ceased driving the van.

On January 23, 1989, Arnold brought her action in redhibition and alternatively to reduce the price because of defects in the van, some of which were not repaired. Wray filed a cross-claim against Ford Motor Company, a third-party demand against Wheel-Master, and a reconventional demand against Arnold. Ford Motor Company also filed a third-party demand against Wheel-Master.

The trial court noted that many of the van's problems had been repaired, but that Wray's repeated efforts to repair the leaking rear door, the air conditioner, and the radio were unsuccessful. The trial court found these problems alone were sufficient to warrant rescission of the sale, concluding that Arnold would not have purchased the van had she known of the defects. Finding that installation of the rear air conditioner by Wheel-Master caused the air conditioning system to fail and the rear door to leak, the trial court attributed the redhibitory defects, including the radio, to Wheel-Master's modifications to the van.

The trial court rescinded the sale of the van, awarded Arnold $21,285, and granted Wray indemnity against Wheel-Master. Arnold's claims against Ford Motor Company and Ford Motor Company's third party demand against Wheel-Master were dismissed. Only Wray and Wheel-Master appealed.

REASONABLE OPPORTUNITY TO REPAIR

Wray contends that it satisfactorily repaired the majority of the problems with the van and the remaining problems were not sufficient to warrant rescission of the sale, especially considering that Arnold failed to adequately communicate to Wray the problems with the van and that she discontinued bringing the van to Wray for service. Wray contends it did not have a reasonable opportunity to repair the van, emphasizing that Arnold was provided with transportation each time Wray serviced the van and was never told that the van would not be similarly serviced after the warranty expired.

The seller who knew not the vices of the thing is only bound to repair, remedy or correct the vices. CC Art. 2531. A good faith seller is to be afforded a reasonable opportunity to repair the defect in the light of the particular circumstances of each case. Factors to be considered are whether the buyer was furnished substitute transportation, the extent to which the buyer's lifestyle was disrupted by the unavailability of the vehicle, the nature of the defect, the difficulty of remedy, and the number of unsuccessful repair attempts. Dreher v. Hood Motor Co., Inc., 492 So.2d 132, 137 (La.App. 1st Cir.1986), citing Dickerson v. Begnaud Motors, Inc., 446 So.2d 536 (La.App. 3d Cir.1984), writ denied. *552 What constitutes a reasonable opportunity to repair a defective product is a question for the finder of fact. Reid v. Leson Chevrolet Co., Inc., 542 So.2d 673 (La.App. 5th Cir.1989).

The trial court found that Arnold afforded Wray more than ample opportunity to repair the van on at least 11 different occasions between January and November 1988. Some defects were never corrected. Arnold purchased another vehicle for transportation because the van did not suit her needs. We cannot find the trial court was clearly wrong in its conclusion that Wray was afforded a reasonable opportunity to repair.

REDHIBITION

Wray denies that the van sold to Arnold had any defect legally sufficient to warrant rescission. Wray argues that Arnold's relief, if any, should be limited to a reduction in the purchase price because Arnold derived substantial use from the van and none of her complaints prevented her using the van as transportation. Wheel-Master denies any vice or defects in its modifications to the van.

Redhibition is the avoidance of a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it, had she known of the vice. CC Art. 2520; Holloway v. Gulf Motors, Inc., 588 So.2d 1322 (La.App. 2d Cir.1991). Inadequate installation of equipment may constitute a redhibitory defect. Calandro's Supermarket v. Hussman Refrig., 525 So.2d 316 (La.App. 1st Cir.1988).

The buyer must prove that the vice existed before the sale. CC Art. 2530; Holloway v. Gulf Motors, Inc., supra. Proof of this fact may be made either by direct evidence or by circumstantial evidence giving rise to a reasonable inference that the defect existed at the time of the sale. Holloway v. Gulf Motors, Inc., supra; Reid v. Leson Chevrolet Co., Inc., supra. The circumstantial evidence need not negate all other possible causes. Rey v. Cuccia, 298 So.2d 840 (La.1974); Foster v. Craig Equipment Co., 550 So.2d 818 (La.App. 2d Cir.1989).

Minor defects alone do not constitute redhibitory defects. Even though vices may be minor or may have been repaired, multiple defects collectively may support redhibition. Young v. Ford Motor Co., Inc., 595 So.2d 1123 (La.1992); Holloway v. Gulf Motors, Inc., supra.

In situations where a new vehicle presents such defects as would render its use so inconvenient and imperfect that it is reasonable to conclude the buyer would not have purchased the automobile had she known of the defects, the buyer is entitled to a rescission of the sale instead of merely a reduction in the price. Young v. Ford Motor Co., Inc., supra.

The existence of redhibitory defects is a question of fact which should not be disturbed in the absence of manifest error. Foster v. Craig Equipment Co., supra; Reid v. Leson Chevrolet Co., Inc., supra; Dumond v. Houma Toyota, Inc. A.M.C. Jeep, 470 So.2d 484 (La.App. 1st Cir.1985).

The trial court concluded that the air conditioning problems, the rear door leak and the radio problems were sufficient to rescind the sale of the van.

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Bluebook (online)
606 So. 2d 549, 1992 La. App. LEXIS 2731, 1992 WL 233132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-wray-ford-inc-lactapp-1992.