Baham v. Community Motors, Inc.

428 So. 2d 867
CourtLouisiana Court of Appeal
DecidedFebruary 22, 1983
Docket82 CA 0474
StatusPublished
Cited by10 cases

This text of 428 So. 2d 867 (Baham v. Community Motors, 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
Baham v. Community Motors, Inc., 428 So. 2d 867 (La. Ct. App. 1983).

Opinion

428 So.2d 867 (1983)

James BAHAM d/b/a James Furniture Co.
v.
COMMUNITY MOTORS, INC., et al.

No. 82 CA 0474.

Court of Appeal of Louisiana, First Circuit.

February 22, 1983.

*868 Byard Edwards, Jr., Ponchatoula, for plaintiff-appellee.

Louis M. Phillips, Baton Rouge, for defendant-appellant Champion Motor Homes, Inc.

E. Wade Shows, Baton Rouge, for defendant-appellee Community Motors, Inc.

Carey J. Guglielmo and Richard Creed, Jr., Baton Rouge, for defendant-appellant Chrysler Corp.

Before LOTTINGER, COLE and CARTER, JJ.

COLE, Judge.

This redhibition suit arose from the following facts. Plaintiff James Baham purchased a Concord motor home from Community Motors, Inc., of Hammond, on April 25, 1979. The total price of the vehicle was $22,994.12.[1] Less than one month after the purchase, Mr. Baham brought the vehicle to Community Motors for repair of eleven items. Evidence at trial showed the motor home was brought in for repairs again in July of 1979, in August of 1979, twice in September of 1979, twice in October of 1979 and once in June of 1980. Because the motor home would not start, Mr. Baham had it towed into Community Motors in July of 1980.

In September of 1980 suit was filed against Community Motors, Champion Home Builders, Inc., (the manufacturer of the body and interior of the vehicle), and Chrysler Corporation (the manufacturer of the chassis and the engine). Community and Champion both filed third party claims against Chrysler. In addition, Community also filed a third party claim against Champion.

After trial on the merits the court rendered judgment in favor of plaintiff and against Champion and Chrysler. The first judgment was rendered on March 3, 1982, *869 and listed various categories of damages without giving any specific dollar amount. Chrysler and Champion both appealed from this judgment. The judgment was amended on April 26, 1982, to reflect the various amounts. There Chrysler and Champion were ordered to pay $13,423.11 as a return of the downpayment, $3,940.05 for the return of notes paid at $262.67 apiece, $3,097.59 in interest paid on the notes, $3,500 for attorney fees and $3,500 for the loss of utility of the motor home as a recreational vehicle. The total amount awarded plaintiff was $27,460.75.[2] In addition, Chrysler and Champion were ordered to pay Community $1,500 in attorney fees.

Chrysler and Champion both appealed and have raised three issues to be considered. One, whether or not plaintiff proved the motor home was defective. Two, assuming the defects were proven, whether or not the award was excessive. Three, whether or not the attorney fees awarded to Community Motors and to plaintiff were proper.

After examining the record we are convinced the motor home was defective in several aspects. Mr. Baham testified of the myriad problems he experienced with the vehicle. The complaints can be divided into three major categories: interior defects, engine problems, and generator trouble. The interior defects were the most numerous and consisted of problems such as cabinets and doors that would not stay latched, defective armrests and seats, an oven that would not light and problems with the running water. Most of these defects developed within the first few months of ownership. Although some were remedied temporarily, many of the problems reappeared eventually and plaintiff testified they existed at the time of the trial. Plaintiff also complained of the "motor cover" fitting loosely and therefore allowing a great deal of heat to enter the living area of the motor home.

Problems with the engine were also evident from the beginning. On the first repair order Mr. Baham complained of a "roar around the motor" which he stated was never remedied. In August of 1979 he reported the "cruise control" would disengage when he hit the slightest bump in the road. In September of 1979 he complained of the motor "killing." This problem was diagnosed as a shorted wire in the steering column and was repaired. In October of 1979 plaintiff complained the engine was "dying" frequently. In June of 1980 he reported a tapping noise coming from the motor. Shortly thereafter Mr. Baham took the motor home on a trip and complained the engine had stopped about ten times. He was able to get the vehicle back to his home where he left it for approximately six weeks. Since he was unable to start the engine, he finally had the vehicle towed to Community in July of 1980.

Problems with the generator (which powered the air conditioner and refrigerator) began in June of 1980. It would run sometimes and then suddenly cut off. There was some dispute at trial as to whether or not this problem had been corrected. Mr. Baham had testified in a deposition the generator had been repaired; at trial he stated it was still not working dependably.

Mr. Baham's testimony was corroborated by two other witnesses. One, Lisa Scott, a friend of Mr. Baham's, stated she had accompanied him on seven or eight trips in the motor home. She said each time there were so many difficulties as to render the trip unenjoyable. She confirmed his complaints about the defective cruise control, cabinets and doors. Due to the faulty generator, the refrigerator and air conditioning would not work. This was particularly inconvenient in the hot summer months.

The second witness was Dan Hawkins, a friend of Mr. Baham's who had borrowed the vehicle in May of 1980. He too complained *870 of problems with the drawers and cabinets, the cruise control and the generator. He drove the vehicle to the Lafayette area and because of the generator failure was forced to rent a hotel room for the night, rather than sleep in the motor home as planned. He stated he had added a quart of oil to the generator while in Lafayette and finally got it started by jumping it off from the engine's battery. The generator quit again shortly thereafter and when he checked the oil while in Baton Rouge he had to add three quarts. While en route to his home he noticed a clicking sound around the engine. He described the engine as "spitting and sputtering" and said it stopped three times. By driving only ten miles an hour he was able to deliver the vehicle back to Mr. Baham.

Defendant Community Motors rebutted plaintiff's claim with testimony by Wally Dees, the service manager. Mr. Dees stated the reason the vehicle would not run when Mr. Baham had it towed in was the battery cables on the engine battery were corroded. Mr. Dees testified he changed the battery cable ends, cleaned the battery posts, charged the battery and thereafter the engine started promptly. He and a Chrysler representative, Mr. J.T. Mills, drove the motor home in February or March of 1981 and found it to be in good working order.

Mr. Dees denied there were any serious problems with the generator and pointed out the generator was listed on a repair order for the first and only time in July of 1980, when the vehicle was fourteen months old and had 7,369 miles on it. He stated the oil and filter of the generator were changed at that time and the generator ran well. He pointed out that in spite of the numerous complaints made by Mr. Baham, the monetary value of the repair work done was rather low: $235.11 was billed out as warranty work to Champion and less than $50.00 was billed to Chrysler. He said the cruise control worked properly when he and Mr. Mills drove the motor home.

Community offered into evidence a "predelivery inspection form" provided by Champion to Community.

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Bluebook (online)
428 So. 2d 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baham-v-community-motors-inc-lactapp-1983.