Bonnette v. Ford Motor Co.

88 So. 3d 1164, 11 La.App. 3 Cir. 1274, 2012 WL 716433, 2012 La. App. LEXIS 277
CourtLouisiana Court of Appeal
DecidedMarch 7, 2012
DocketNo. 11-1274
StatusPublished
Cited by1 cases

This text of 88 So. 3d 1164 (Bonnette v. Ford Motor Co.) 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
Bonnette v. Ford Motor Co., 88 So. 3d 1164, 11 La.App. 3 Cir. 1274, 2012 WL 716433, 2012 La. App. LEXIS 277 (La. Ct. App. 2012).

Opinion

COOKS, Judge.

| ,In this automobile redhibition case, the Defendant-Manufacturer appeals the lower court judgment awarding the Plaintiffs-Buyers a return of the purchase price, all expenses surrounding the sale, and attorney fees. For the following reasons, finding no manifest error in the lower court’s finding that Plaintiffs met their burden of proving the vehicle was defective when purchased and that they would not have purchased it had they known of the defect, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

On December 7, 2007, Plaintiffs, Huey and Margaret Bonnette, purchased a pre-owned 2007 Ford Freestyle from Marler Ford (hereafter Marler) for $19,200.00 plus tax, title and licence. The vehicle had 26,670 miles at the time of purchase and was a “Quality Checked” Certified Pre-Owned Car warrantied by Ford Motor Company (hereafter Ford). The warranty was for six years of limited warranty coverage from the original Ford Vehicle Limited Warranty start date, or up to 75,000 miles, whichever came first.

The vehicle was originally purchased from Ford by Hertz Car Rental on June 10, 2006. It was used by Hertz as a rental car during which it accumulated 18,619 miles. The vehicle was then sold to Mar-ler by way of a Texas car auction company, and for the next seven months was used by Marler for customer and employee transport, incurring an additional 8,052 miles.

Plaintiffs first began to notice a different, unpleasant smell in the car. After complaints by the Plaintiffs, Marler had the vehicle detailed at RJ’s Car Wash in January, 2008. According to Plaintiffs, upon getting the vehicle back from RJ’s, there was a significant amount of water on the floorboard of the vehicle. Huey Bon-nette testified he assumed RJ’s had simply left the moon roof open during the car wash and called them and had the water vacuumed out of the vehicle.

1 ¡¡Unfortunately, this began a continuous pattern of recurring water leaks which are well documented in the record of these proceedings. Plaintiffs testified during normal use of the vehicle, they experienced continual water leaks which led to dripping in the vehicle’s interior. Plaintiffs stated the leaks were so significant, that they were forced to put a towel on the seat and a plastic bag on the driver’s legs. Frequent vacuuming of the accumulated water in the interior of the vehicle was required. Plaintiffs also stated water accumulated in the spare tire well near the hatchback of the vehicle. Plaintiffs testified they were forced to get a replacement vehicle for Margaret Bonnette because the mildew odor prevented her from driving the vehicle.

Several attempts at repairs were made. Eventually, Danny Webb, the owner of Marler, told Plaintiffs the water leaks could not be fixed and they should consider contacting an attorney. Plaintiffs did so and on February 9, 2009 filed a suit for redhibition in the Pineville City Court. It alleged extensive, unrepaired interior water leaks in the 2007 Ford Freestyle. The [1167]*1167petition detailed several attempts at remedying the defect by Marler. Named defendants were Ford (the manufacturer), and Marler (the seller). Plaintiffs requested the return of the purchase price, all expenses surrounding the sale, judicial interest, and attorney fees.

Both Ford and Marler responded with answers denying liability. The matter proceeded to trial, and Plaintiffs testified as to the problems they experienced with the vehicle. They also called the court’s attention to a “Technical Service Bulletin” (TSB) which had been issued on July 3, 2006, which documented a moon roof drain routing problem with the 2007 Ford Freestyle. Ford countered that the mere fact a TSB is prepared and sent to dealers does not in and of itself indicate there is anything inherently wrong with that particular make of vehicle. They maintained a TSB is used as a “resource reference” for technicians to use to help ^identify the potential sources of a problem, if one exists, when a vehicle is brought in for repair.

Ford also presented the testimony of a Ford Field Service Engineer, Chris Fur-nas, who maintained there were no problems or defects in the vehicle that caused leaks. It was hypothesized that the leaking problems were likely caused by pine needles and other debris clogging various drains in the vehicle. Mr. Furnas also maintained if there were inherent problems with the vehicle due to defects in its manufacture, the problems would have begun before the vehicle was sold to Plaintiffs. Ford maintained there were no previous leaking problems with the vehicle prior to the sale to Plaintiffs, although no documentation of that was introduced below.

After taking the matter under advisement, and allowing the parties to present a post-trial memorandum, judgment was rendered in favor of Plaintiffs and against Ford, finding Plaintiffs met their burden of proving the vehicle was defective when purchased and that they would not have purchased it had they known of the defect. The lower court ordered the rescission of the sale of the vehicle in the amount of $19,200.00, plus $3,433.00 in increased finance damages, $1,436.50 paid to public officials, $62.00 in notary fees and insurance costs of $3,976.20. The lower court also awarded Plaintiffs $12,375.00 in attorney fees. Legal interest was due from the date of judicial demand, and Ford was cast with all costs of the proceedings.

The lower court specifically held Marler was free from fault and all claims against it were dismissed. Ford was also ordered to indemnify Marler for $7,500.00 it incurred in attorney fees.

Ford appealed the judgment, arguing the lower court “improperly concluded there was a defect in the vehicle when it left the factory, and, as such, finding in Plaintiffs’ favor. For the following reasons, we affirm the lower court judgment.

I «ANALYSIS

Redhibition is defined in La.Civ. Code art. 2520, and “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 he known of the vice.” Louisiana Industries v. Bogator, 605 So.2d 213, 216 (La.App. 2 Cir.1992). The existence of such a defect gives a buyer the right to obtain rescission of the sale or a reduction in the price. La.Civ.Code art. 2520.

The warranty of La.Civ.Code art. 2520 is applicable to used as well as new things. Karageorge v. Cole, 565 So.2d 502 (La.App. 2 Cir.1990). Used things must [1168]*1168operate “reasonably well for a reasonable period of time.” Id. at 508. See also Wagnon v. Hebert, 520 So.2d 1136 (La.App. 3 Cir.1987).

The buyer has an action against the manufacturer for any defects which “existed at the time the thing was delivered by the manufacturer to the seller.” La.Civ.Code art. 2531. While a buyer may sue a manufacturer directly for redhibitory defects, the manufacturer is liable but only for defects “resulting from the original manufacture” of the product. Rey v. Cuccia, 298 So.2d 840, 845 (La.1974).

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Bluebook (online)
88 So. 3d 1164, 11 La.App. 3 Cir. 1274, 2012 WL 716433, 2012 La. App. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bonnette-v-ford-motor-co-lactapp-2012.