Fidele v. Crescent Ford Truck Sales, Inc.

786 So. 2d 147, 2001 WL 360056
CourtLouisiana Court of Appeal
DecidedApril 11, 2001
Docket00-CA-1934
StatusPublished
Cited by6 cases

This text of 786 So. 2d 147 (Fidele v. Crescent Ford Truck Sales, 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
Fidele v. Crescent Ford Truck Sales, Inc., 786 So. 2d 147, 2001 WL 360056 (La. Ct. App. 2001).

Opinion

786 So.2d 147 (2001)

Dr. Fritz FIDELE
v.
CRESCENT FORD TRUCK SALES, INC. and AM General Corporation.

No. 00-CA-1934.

Court of Appeal of Louisiana, Fifth Circuit.

April 11, 2001.

*148 Robert J. Caluda, Robert J. Caluda and Associates, New Orleans, LA, Counsel for plaintiff-appellant.

Leonard L. Levenson, Pamela M. Wiza, New Orleans, LA, Counsel for defendant-appellee, Crescent Ford Truck Sales, Inc.

Charles D. Elliott, Faircloth & Davidson, Alexandria, LA, Counsel for defendant-appellee, AM General Corporation.

*149 Court composed of Judges DUFRESNE, GOTHARD and McMANUS.

McMANUS, Judge.

In this matter, Appellant, Dr. Fritz Fidele,[1] appeals the trial judge's having dismissed his claim for rescission of the sale of an automobile. Having reviewed the record, we see no error, and therefore affirm the judgment of the trial court.

STATEMENT OF THE CASE

The matter was instituted in January, 1998, with Fidele's petition for damages, which named as Defendant Appellee Crescent Ford Truck Sales, Inc., from whom Fidele had bought the car, with a principal place of business located in Orleans Parish. The suit, therefore, was filed in Civil District Court for the Parish of Orleans.

Though the petition did not specifically ask for rescission of the vehicle, a 1995 Hummer, it did allege that Fidele would have not bought the Hummer had he known of the defects discovered subsequent to the purchase. In addition, the petition specifically listed problems with the air conditioner and tires and problems with oil leaks, and alleged that the car was prone to excessive noise and vibration.

Crescent filed exceptions to the suit, alleging, among other things, improper venue, and arguing that the manufacturer of the Hummer should be a necessary or indispensable party to the action.

A first supplemental petition added as a Defendant Appellee AM General Corporation, the manufacturer of the Hummer, and added as a Plaintiff Plaza Medical Center, Ltd., Fidele's own business, the registered owner of the car. A second amending petition alleged that Fidele had, over the course of his ownership of the vehicle, given Crescent adequate opportunity to make repairs.

AM General also objected to venue in Orleans Parish, and the suit was transferred to Jefferson Parish on February 10, 1999.

A bench trial was held on June 20, 2000, and at the conclusion of Fidele's case, the trial judge granted both Appellees' motions for involuntary dismissal. A written judgment was signed August 31, 2000.

Fidele's motion for appeal was granted September 22, 2000, and he now argues two assignments of error:

1. Because of evidentiary errors of the trial court, this Court must review the trial court's judgment de novo: the trial court erroneously prohibited petitioner's presentation of evidence establishing recurrent air conditioning defects; the trial court improperly excluded documentary evidence as inadmissible hearsay.
2. The trial court's granting of defendant's [sic] motion for involuntary dismissal was erroneous and should be reversed.

FACTS

Fidele testified that he had purchased the 1995 Hummer from Appellee Crescent on June 5, 1996. Fidele testified that he had purchased the vehicle to drive back and forth among Plaza Medical Center's chiropractic clinics, and to possibly transport equipment from one clinic to another. Fidele testified that when he sold the vehicle, on August 31, 1998, he sold it without any warning to the purchaser about any of the problems he had been experiencing. As damages, Fidele testified that he sought to recover sums he had paid on the car note over the years he had owned the *150 vehicle, which he estimated to be an amount between $20,000.00 and $25,000.00.

Fidele himself testified to various problems he had experienced while he owned the car, but also admitted that he had not read the owner's manual which came with the vehicle and which detailed the regular servicing required. The evidence admitted regarding possible defects in the car is as follows.

Fidele testified that the first problem he had experienced was with the vehicle's tires. He testified that "shortly after" he purchased the vehicle, he began to experience problems with the wheel alignment, which problem went on for "quite some time." He also testified he had a problem with "fast" wear and tear on the tires, and stated that sometimes the tires were unable to maintain proper air pressure. Fidele testified that he had taken the Hummer in for these problems, and we note that several of the repair invoices from Crescent do indicate problems with tires. Finally, Fidele testified that he had checked the tire pressure on a monthly basis.

Fidele testified that he had also had problems with excessive vibration. He testified that the vibration made riding in the Hummer uncomfortable and annoying, and that the vibration had continued as long as he had owned the vehicle. Fidele testified that he had brought the Hummer in for servicing of this problem, and we note that at least one of the Crescent invoices does list this problem. Though Fidele admitted that he did not know of his own knowledge why the vehicle vibrated to such a degree, he did testify that he would not have purchased the Hummer had he known that this problem would arise.

Fidele testified that the Hummer had electrical problems and that it failed to start "at least" three times because of this problem. He testified that he took the vehicle in each of these times, and we note that one of the Crescent invoices does indicate such a problem. Fidele testified that he would have not purchased the Hummer had he known it would have this problem.

Fidele testified that he had problems with the vehicle's air conditioner. He testified that these problems had begun in May or June of 1996, and that he had to have the air conditioner serviced during an out of town trip in 1997. He stated that he brought the vehicle in for servicing of this problem at least four times, and that there were times when it had been in the shop for two weeks, waiting for parts. Fidele testified that he would have not purchased the Hummer had he known that he would have the recurring problems with the air conditioner.

Fidele testified that the steering wheel locked "at least" three times, and that the vehicle had been towed "at least" twice because of this problem. He also testified that the vehicle had problems with the heat shield, the glove box, and one of the seats in the vehicle, and that he brought the vehicle in for servicing of each of these problems. Finally, he testified that the vehicle had "jolted forward" while stopped "at least" twice, and that he felt the vehicle to be unsafe after these occurrences.

Fidele did admit that the engine of the vehicle had been damaged, and serviced, in March of 1997, because he had operated the car without sufficient oil. The repair invoice from Crescent indicates that on this occasion the vehicle had required six quarts of oil, and that on this occasion, someone at Crescent had "discussed proper maintenance [of the vehicle] per owner's manual" with Fidele.

Fidele at first stated that he had not been provided with the service manual, then admitted that the manual had been *151 located for him "after" he had begun to experience problems with the vehicle. He did acknowledge that owner's manuals are routinely provided with new vehicles, and testified that he had located such manuals in his other cars without having had to ask dealers for help.

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Cite This Page — Counsel Stack

Bluebook (online)
786 So. 2d 147, 2001 WL 360056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidele-v-crescent-ford-truck-sales-inc-lactapp-2001.