Crow v. Laurie

729 So. 2d 703, 1999 WL 99069
CourtLouisiana Court of Appeal
DecidedFebruary 19, 1999
Docket98 CA 0648
StatusPublished
Cited by12 cases

This text of 729 So. 2d 703 (Crow v. Laurie) 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
Crow v. Laurie, 729 So. 2d 703, 1999 WL 99069 (La. Ct. App. 1999).

Opinion

729 So.2d 703 (1999)

Michael CROW and his Wife, Michelle Crow
v.
Steven LAURIE and his Wife, Tamara Laurie.

No. 98 CA 0648.

Court of Appeal of Louisiana, First Circuit.

February 19, 1999.

*705 Jeffrey M. Seaver, Sr., Tracy S. Pickerell, Baton Rouge, Louisiana, for Plaintiffs/Appellants Michael Crow and his wife, Michelle Crow.

Gary C. Mooney, Baton Rouge, Louisiana, for Defendants/Appellees Steven Laurie and his wife, Tamara Laurie.

BEFORE: SHORTESS, LeBLANC and GONZALES, JJ.

GONZALES, J.

In this appeal, the purchasers of a used boat challenge a trial court judgment dismissing their suit in redhibition against the sellers of the boat.

FACTUAL AND PROCEDURAL HISTORY

On April 17, 1995, Michael and Michelle Crow purchased a 17-foot 1976 Hydrosport boat, a 115-horsepower 1976 Johnson outboard motor, and a 1976 Cobra boat trailer from Steven and Tamara Laurie for $2,500.00. After the Crows used the boat once, Mr. Crow was informed by a friend that the transom of the boat had a crack in it which had been filled with silicon and perhaps Mr. Crow should have the boat checked. Mr. Crow took the boat to a repair shop, where it was discovered that the boat's transom, or the wooden planking forming the stern of the boat under the outer layer of fiberglass, was rotten. Mr. Crow was advised not to use the boat again.

By letter delivered to Mr. Laurie on June 30, 1995, Mr. Crow outlined various alleged defects which had been discovered, including the rotten transom, and tendered the boat and trailer to Mr. Laurie for "full and complete repair or refund of the purchase price" as well as subsequent repair costs which Mr. Crow incurred. Upon the Lauries' failure to respond to Mr. Crow's letter, the Crows filed suit against the Lauries on July 28, 1995.[1]

On November 14, 1997, a bench trial was held. At the end of the trial, the trial court ruled in favor of the Lauries. According to the trial court, "when you buy something that's nineteen years old, particularly a boat, motor and trailer, that you purchase it subject to an inspection that you need to do." On December 2, 1997, the trial court signed a judgment dismissing the Crows' claims. The Crows appeal from this adverse judgment, contending the trial court erred in concluding that they had a "heightened duty of inspection" as purchasers of an old boat.

REDHIBITION

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 he known of the vice. La.C.C. art. 2520. In a suit for redhibition, the plaintiff must prove: 1) the seller sold the thing to him and it is either absolutely useless for its intended purpose or its use is so inconvenient or imperfect that, judged by the reasonable person standard, had he known of the defect, he would never have purchased it; 2) the thing contained a non-apparent defect at the time of sale; and 3) the seller was given an opportunity to *706 repair the defect.[2]Fly v. Allstar Ford Lincoln Mercury, Inc., 95-1216 (La.App. 1 Cir. 8/21/96), 690 So.2d 759, 761.

The warranty created against redhibitory defects applies to the sale of used equipment, but it is not as extensive as in the sale of new equipment. However, what is required is that the equipment must operate reasonably well for a reasonable period of time. Ross v. Premier Imports, 96-2577 (La. App. 1 Cir. 11/7/97), 704 So.2d 17, 21, writ denied, 97-3035 (La.2/13/98), 709 So.2d 750. Therefore, obviously the sale of an older boat does not carry the same warranty as does the sale of a new one. Inherent in the sale of an older boat is the knowledge that the machinery and parts are worn and subject to breakdown and that the vessel will require mechanical work from time to time to keep it in good running condition. See Burch v. Durham Pontiac Cadillac, Inc., 564 So.2d 380, 382-383 (La.App. 1 Cir.), writ denied, 569 So.2d 968 (La.1990).

The avoidance of a sale as a remedy for defects in a product is a factual question, the resolution of which is best left to the trier of fact. Vincent v. Hyundai Corporation, 633 So.2d 240, 243 (La.App. 1 Cir.1993), writ denied, 93-3118 (La.2/11/94), 634 So.2d 832. A court of appeal may not set aside a factfinder's finding of fact in the absence of "manifest error" or unless it is "clearly wrong." Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). Before an appellate court may reverse a fact-finder's determinations, it must find from the record that a reasonable factual basis does not exist for the findings and that the record establishes that the findings are clearly wrong (manifestly erroneous). Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880, 882 (La.1993).

EVIDENCE PRESENTED AT TRIAL

In support of their redhibition claim, the Crows presented the testimony of William P. Caudill, Jr., the owner of Caudill's Boat Repair, who discovered the rotten transom in the Crows' boat. According to Mr. Caudill, who was accepted by the trial court as an expert in boat repair, the transom of the Crows' boat was significantly rotted. He testified that, if the motor were trimmed down so that it rested against the transom, and then were pushed against the transom, the mounting brackets of the motor would go right through the fiberglass due to the rotten wood behind it. He advised Mr. Crow not to use the boat, and not even to pull the boat behind a vehicle, because there was a chance that the movement of the motor, which he estimated to weigh 275-280 pounds, would cause it to simply tear out and possibly fall back and underneath the boat so that only the controls of the boat would be holding up the motor. Mr. Caudill also testified that an average person would not be able to detect the rotten transom because it is not visible and "you would have to know what you are looking for." In his opinion, the boat was worthless because the repair of the rotten transom would "cost an arm and a leg, and it is just not worth it because they will never get their money back out of it."

Mr. Crow also testified at the trial. He stated that, although he had never owned or driven a boat before, he became interested in buying a boat so he could take his family fishing. His wife, Michelle, told him that the Lauries, who lived near them, had a boat for sale. The Crows had known the Lauries for several years because Mrs. Laurie provided day care services for the Crows' two children. Mr. Crow looked at the boat on two occasions before buying it. Prior to the sale, Mr. Laurie started and ran the motor in Mr. Crow's presence and told him the boat was in "water ready" condition, but that the trailer lights would have to be rewired, the live well would have to be unplugged, and that some gauges would have to be reconnected. However, according to the demand letter written by Mr. Crow after the sale, he spent over $200.00 repairing the boat, including replacement of dash gauges, live well hoses, and an aerator.

Mr. Crow testified that, on the one occasion when he ran the boat on a waterway, he *707 got less than one mile from the marina, stopped to fish, and was unable to get the motor to crank again. The boat had to be towed back to land. It was after this single outing with the boat that a friend of Mr. Crow's noticed the crack in the transom which had been filled with silicon and suggested that Mr. Crow have the boat checked. This suggestion led to Mr.

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729 So. 2d 703, 1999 WL 99069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crow-v-laurie-lactapp-1999.