Blair v. Bad Boy Inc.

137 So. 3d 1223, 2014 WL 1386879, 2014 La. App. LEXIS 998
CourtLouisiana Court of Appeal
DecidedApril 9, 2014
DocketNo. 48,953-CA
StatusPublished
Cited by5 cases

This text of 137 So. 3d 1223 (Blair v. Bad Boy 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
Blair v. Bad Boy Inc., 137 So. 3d 1223, 2014 WL 1386879, 2014 La. App. LEXIS 998 (La. Ct. App. 2014).

Opinion

MOORE, J.

hThe plaintiffs filed a redhibition suit in the Shreveport City Court against the seller and the manufacturer of an all-terrain vehicle. After trial, the court rendered judgment for the plaintiffs against the seller and the manufacturer, rescinding the sale and ordering return of the purchase price. Additionally, the manufacturer was ordered to pay nonpecuniary damages, the plaintiffs’ attorney fees and the seller’s attorney fees incurred in defense of the suit. From this judgment, the manufacturer appealed. Both the plaintiffs and the seller answered the appeal requesting additional attorney fees to defend the judgment.

For the following reasons, we reverse the judgment in part, deleting the award of nonpecuniary damages; in all other respects, we affirm.

Facts

On or about February 16, 2011, John and Amanda Blair purchased a new, 2011 model, multi-terrain vehicle (“MTV”) from Downtown Tire and Accessories, LLC (“Downtown Tire”), for $8,739.97. An MTV is distinguished from a traditional ATV (all-terrain vehicle) by virtue of its bench seat capable of seating two adults side by side. This feature was important to the Blairs, who were avid hunters belonging to two hunting leases in Louisiana and Texas. The couple planned to use the vehicle primarily on the leases for hunting and recreation, and they envisioned using the vehicle to teach their young son (approximately eight months old at the time) about the outdoors.

The MTV purchased by the Blairs was manufactured by Bad Boy, Inc. (“Bad Boy”), located in Batesville, Arkansas, a company started in the late 1990s and noted for manufacturing “zero-turn radius” lawnmowers. The vehicle was shipped to Downtown Tire for delivery to the Blairs, but 12apparently never made it off the delivery truck due to a problem with the shifting mechanism.

The parties stipulated at the beginning of trial that the first MTV sold to the Blairs had a shifting problem, and the Blairs never took possession of the vehicle. As a result, a second, new 2011 MTV was sent to replace the first one and was shipped approximately two or three months later.

The parties also stipulated that the Blairs took possession of the second 2011 MTV, but this unit had problems with shifting and the brakes, the latter grabbing and not releasing. It was also discovered that a cotter pin on the right front wheel was missing. The cotter pin secured a nut holding the wheel assembly in place. Due to these problems, the Blairs requested a refund of the purchase price directly from Bad Boy. However, their request was refused, and subsequently, Bad Boy replaced the 2011 MTV with a new 2012 MTV model in which the cable linkage connecting gear shift to the transmis[1226]*1226sion was redesigned and replaced with a steel rod linkage.

Although Bad Boy agreed to the factual stipulations regarding the defects in the first two 2011 MTVs, it objected to their relevance regarding the plaintiffs’ redhibition claim, which it contended involved only the 2012 MTV that was exchanged for the second 2011 MTV.

The 2012 MTV also exhibited problems and malfunctions, including difficulties in shifting. Blair complained that the MTV popped out of gear when he would try to shift into the low-gear range, which is used to traverse difficult terrain, to climb hills, or to carry a load. He returned the MTV to Downtown Tire to repair the problem. Downtown Tire’s mechanic, Randy Anthony, a/k/a “Turbo,” adjusted the linkage on the newly designed ^transmission by turning a nut designed for that purpose. The next day, Blair and Turbo test drove the MTV while John Blair’s friend Greg Hurst and Downtown Tire’s owner, Gayle Dixon, observed. During the test at Twelve Mile Bayou, the MTV popped out of gear twice, requiring Turbo to make additional adjustments to the linkage. The next day, Blair took the MTV to his deer lease in Texas. Although he was able to operate the MTV on Friday afternoon when he arrived at the camp, he testified that he had to use excessive force to shift into low range. The next morning, on the way to Blair’s deer stand, the MTV suddenly stopped running “as though a plug had been pulled.” It had to be towed back to camp.

Blair returned the MTV to Downtown Tire, where it was discovered that a 5 amp fuse, instead of a 30 amp fuse, had been mistakenly installed in the MTV, causing it to blow. The proper fuse was installed and the ignition started. According to Downtown Tire, Blair made no complaints about the shifting mechanism. Also, a malfunctioning temperature gauge indicated that the MTV was overheating, when, in fact, it was not. Blair left the MTV at Downtown Tire.

After consulting an attorney, Blair picked up the MTV, brought it home and parked it. He did not use the MTV again. According to the plaintiffs, Blair contacted Doug Brasell, Bad Boy’s sales representative, to report his dissatisfaction with the MTV. Blair again requested return of the purchase price. Brasell’s boss, Ryland Kieffer, plant manager of Bad Boy, refused to refund the purchase price and this suit ensued.

Trial was held on May 28, 2018. The court requested briefs at the conclusion of trial and the matter was taken under advisement. 14 Subsequently, the court rendered judgment in favor of the Blairs with a written ruling stating its findings and reasons for judgment.

The court found that the plaintiffs had proven their redhibition claim based upon evidence to support findings that the 2012 MTV was defective due to two minor defects and the unresolved problems with the shifting mechanism, apparently referring to the shifting problems also present in the two 2011 models. It concluded that the shifting mechanism was an essential function for the operation of the MTV, and these defects rendered the MTV unfit for its intended use. The court ordered Bad Boy and Downtown Tire to return the purchase price of $8,739.97 plus $393.13 for upgraded tires, and ordered Bad Boy to pay $6,500.00 to the Blairs for attorney fees and $3,000.00 in nonpecuniary damages. It also rendered judgment on Downtown Tire’s third party demand for expenses in defending the suit, casting Bad Boy in judgment for $4,000.00 in attorney fees.

Bad Boy filed this appeal. Both the Blairs and Downtown Tire answered the [1227]*1227appeal requesting additional attorney fees to defend the judgment.

Discussion

Redhibition Claim

Bad Boy assigns four errors in the trial court’s judgment, contending that the plaintiffs were not entitled to a rescission of the sale and return of the entire purchase price because the 2012 MTV possessed only minor problems that were fixed, that the award of nonpecuniary damages was inappropriate, and that the attorney fee awards to the Blairs and to Downtown Tire are excessive.

|sBy its first assignment, Bad Boy alleges that the trial court committed manifest error by rescinding the sale of the 2012 MTV rather than ordering a reduction of the purchase price. It contends that there were only three minor problems Blair experienced with the 2012 MTV, and all three problems were easily addressed and repaired — namely, adjustment of the linkage in the shifting mechanism, replacement of an ignition fuse and replacement of a temperature gauge.

A seller warrants the buyer against redhibitory defects, or vices, in the thing sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect.

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Bluebook (online)
137 So. 3d 1223, 2014 WL 1386879, 2014 La. App. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blair-v-bad-boy-inc-lactapp-2014.