Cazaubon v. Cycle Sport, LLC

79 So. 3d 1063, 2011 La.App. 1 Cir. 0289, 2011 La. App. LEXIS 1334, 2011 WL 5402500
Louisiana Court of Appeal·Decided November 9, 2011·No. 2011 CA 0289·Published·Cited by 5 cases

Opinion

GAIDRY, J.

|2In this redhibition suit stemming from the sale of a motorcycle, defendants appeal a judgment rescinding the sale and awarding plaintiff the original purchase price, expenses associated with maintaining the motorcycle, and attorney’s fees. We reverse.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Eric Cazaubon, purchased a 2006 Kawasaki ZX1400 from Cycle Sport, LLC on September 30, 2006. On April 17, 2007, Mr. Cazaubon allegedly tendered the motorcycle to Cycle Sport for repairs. When the motorcycle still remained at Cycle Shop, unrepaired, on July 20, 2008, Mr. Cazaubon filed this suit in redhibition against Cycle Sport and Kawasaki Motors Corporation, U.S.A., the manufacturer of the motorcycle. Mr. Cazaubon requested a reduction in the sale price, or a recision of the sale.

Cycle Sport answered the suit alleging that when Mr. Cazaubon returned the motorcycle for repairs, it had been modified and used for purposes which voided the warranty. Based upon this, Cycle Sport advised Mr. Cazaubon that no repairs could be made until he guaranteed payment for the repairs. Since he refused to do so, the motorcycle was not repaired. Further, Cycle Sport alleged that since all needed repairs were a result of plaintiffs modification and unauthorized use of the motorcycle, they did not exist at the time of the sale and thus are not redhibitory defects.

After a bench trial, the trial court found that the motorcycle had a defective engine and defective frame which rendered its use so inconvenient that Mr. Cazaubon would not have purchased it had he known of the defects, thereby entitling Mr. Cazaubon to a recision of the sale. Accordingly, the trial court rendered judgment in favor of Mr. Cazaubon and against Cycle |sSport and Kawasaki in solido in the amounts of $10,500.00 (the purchase price of the motorcycle) and $2,508.00 (the cost of preserving the motorcycle) and against Kawasaki in the amount of $7,500.00 (attorney’s fees). Cycle Sport and Kawasaki filed the instant appeal.

DISCUSSION

Redhibition is the avoidance of a sale on account of some vice or defect in the thing sold, which either renders it 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. La. C.C. art. 2520; Belle Pass Terminal, Inc. v. Jolin, Inc., 634 So.2d 466, 494, writ denied, 638 So.2d 1094 (La.1994). A purchaser may also request a reduction in the price of the thing where the lack of quality of the thing purchased is not of such importance as to warrant complete avoidance of the sale. Id. Both actions are subject to the same burden of proof. Id.

In order to establish a prima fa-cie case of redhibition, a purchaser must show that a non-apparent defect existed at the time of the sale. La. C.C. art. 2520 and 2530; Belle Pass Terminal, Inc., 634 So.2d at 494. “Defect” as contemplated in article 2520 means a physical imperfection or deformity or a lacking of the necessary components or level of quality. Id. Apparent defects which the purchaser might have discovered by simple inspection are not redhibitory defects. La. C.C. art. 2521.

Once the purchaser establishes a prima facie case, the burden shifts to the seller to show that he can somehow escape liability. Belle Pass Terminal, Inc., 634 So.2d at 494. Whether or not a thing is *1066 defective is a factual determination to be made by the trier of fact, which determination will not be set aside on appeal absent manifest error. Id.

|4The trial court in this case made a factual determination that the engine on Mr. Cazaubon’s motorcycle was defective. The evidence presented at the trial concerning the alleged engine problem is as follows:

Mr. Cazaubon testified that he first brought the bike into Cycle Sport over six months after he purchased it, complaining of an engine rattle. He had owned another bike just like this one that made a similar noise and had been repaired by Cycle Sport under the warranty. Based upon this experience, he believed he knew what the problem was and which parts needed to be changed to correct the problem. When he brought his bike into Cycle Sport on April 17, 2007, he told Dane Beagle, the service manager at the time, that the engine was making noise, and he helped Dane take the clutch cover, oil pan, exhaust, and side covers off to try to see what was wrong. He determined that one of the rods had some “play” in it and believed that the problem was similar to the problem with his other bike. He testified that Dane told him that the repair would be covered by the warranty and that he would order the parts. 1 Mr. Cazaubon left the bike at Cycle Sport, where it sat for over a year without being worked on. He testified that he was told that the reason the bike was not being repaired was that Cycle Sport was having personnel problems. When a mechanic finally started to look at the bike, it was discovered that the frame was cracked. At that point, Mr. Cazaubon told the defendants that he did not want that bike back because the frame was cracked and because it had been at Cycle Sport for so long. He testified that he did not know if there was anything wrong with the bike at the time of trial because he had never gone back to get it or to examine it again after dropping it off on April 17, 2007.

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Cazaubon v. Cycle Sport, LLC, 79 So. 3d 1063, 2011 La.App. 1 Cir. 0289, 2011 La. App. LEXIS 1334, 2011 WL 5402500 (La. Ct. App. 2011).

79 So. 3d 1063 (Cazaubon v. Cycle Sport, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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