Hoffmann v. B & G, Inc.

215 So. 3d 273, 2016 La.App. 1 Cir. 1011, 2017 WL 690563, 2017 La. App. LEXIS 312
CourtLouisiana Court of Appeal
DecidedFebruary 21, 2017
DocketNO. 2016 CA 1001
StatusPublished
Cited by7 cases

This text of 215 So. 3d 273 (Hoffmann v. B & G, 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
Hoffmann v. B & G, Inc., 215 So. 3d 273, 2016 La.App. 1 Cir. 1011, 2017 WL 690563, 2017 La. App. LEXIS 312 (La. Ct. App. 2017).

Opinion

HIGGINBOTHAM, J.

lain this redhibitory action, the defendant, B & G, Inc. d/b/a Splash Pools & Spa (“Splash Pools”), appeals from the trial court’s judgment in favor of the plaintiffs, Thomas and Suzette Hoffmann, for reimbursement of the purchase price and reasonable expenses occasioned by Splash Pools’ sale of a pool to the Hoffmanns.

FACTS AND PROCEDURAL HISTORY

In April 2011, Thomas and Suzette Hoff-mann purchased a 24’ X 54’ Protégé aluminum pool from Splash Pools at its Baton Rouge retail store, and the pool was installed in-ground at the Hoffmanns’ residence in Prairieville, Louisiana. Two years later, the Hoffmanns uncovered their pool to discover that its liner was floating in the water. The Hoffmanns immediately reported the problem to Splash Pools, who informed them it was not responsible for the installation of manufactured pools. However, Splash Pools agreed to work with the Hoffmanns to resolve their problems in a satisfactory manner. Splash Pools arranged for Richard Howard, a pool installer, to inspect the Hoffmanns’ pool, and he subsequently reported that it needed to be completely redone as it was installed incorrectly. Howard was not paid by the Hoff-manns, but was provided by Splash Pools. Following Howard’s inspection, Splash Pools contacted Wilbar International [276]*276(“Wilbar”), the manufacturer of the Hoff-manns’ pool, and Wilbar compensated Splash Pools by giving it a credit to remove the Hoffmanns’ existing pool and install a new one.

Splash Pools arranged for Tony Coff-man to complete the demolition of the first pool and to install the second pool. Splash Pools directed Mr. Coffman to the Hoff-manns’ home, and it directly paid him for the pool work, a total of $5,500.00 through two checks as the instillation progressed. For the final payment, Splash Pools issued a check to Suzette Hoffmann for $3,500.00, and instructed her to withhold payment of those funds to Mr. Coffman until he satisfactorily completed the installation of their pool.

|aMr. Coffman began his demolition/installation work in August 2013, finishing two months later in October. Almost immediately after Mr. Coffman finished installing the second pool, the Hoffmanns experienced problems with the pool’s installation and the concrete deck surrounding it.

On March 11, 2014, the Hoffmanns filed a petition for damages, naming Splash Pools as the defendant, and asserting claims of redhibition and breach of contract. On December 17, 2014, the Hoff-manns filed a first supplemental and amending petition naming Mr. Coffman as an additional defendant and alleging tort liability for his faulty installation of the second pool.

On March 30, 2015, the Hoffmanns filed a motion for summary judgment, seeking to establish themselves as third-party beneficiaries of the agreement between Splash Pools and Wilbar. As such, the Hoffmanns argued they were “entitled to demand performance from Splash Pools for what was stipulated: a newly installed, usable swimming pool.” The Hoffmanns likewise filed a motion for summary judgment on vicarious liability, seeking to establish an employer-employee contractual relationship between Splash Pools and Mr. Coffman.

In a judgment signed on June 22, 2015, the trial court granted the Hoffmanns’ motion for summary judgment finding that they were beneficiaries of a stipulation pour autrui between Splash Pools and Wilbar, and denied the Hoffmanns’ motion for summary judgment regarding vicarious liability of Splash Pools for the actions of Mr. Coffman. Splash Pools filed a writ application challenging the trial court’s decision. Splash Pools’ writ application was denied by this court on October 19, 2015. Hoffmann v. B & G Inc., 2015-1060 (La. App. 1st Cir. 10/19/2015)(unpublished action).

Thereafter, the matter went to trial. After the trial and submission of post-trial memoranda, the trial court rendered judgment in favor of the Hoffmanns, pursuant to La. Civ. Code art. 2531, for their redhi-bition claim in the amount of $28,534.63, | ¿consisting of reimbursement of the purchase price and reasonable expenses occasioned by the sale, plus legal interest from the date of the Hoffmanns’ payment to Splash Pools, April 23, 2011, and all costs of the proceedings. It is from this judgment that Splash Pools appeals, citing the following assignments of error:

1. The trial court erred in finding that the Hoffmanns had proved a valid claim of redhibition based on the failure to remedy the defect in the first pool.
2. The trial court erred in finding that Splash Pools had the right to exercise significant control over the independent pool installer, Mr. Coffman, with respect to the installation of the Hoff-manns’ second pool.
3. The trial court erred in awarding damages to the Hoffmanns based on [277]*277a redhibition claim to which they were not entitled.
4. The trial court erred in awarding damages to the Hoffmanns for which the Hoffmanns failed to provide any credible and competent proof thereof and in providing for interest on these damages.
5. The trial court erred in failing to award Splash Pools any credit for the two (2) years of use and enjoyment that the Hoffmanns received with the first pool.
6. The trial court erred in failing to find comparative fault that was attributable to the Hoffmanns and Mr. Coff-man.

In response, the Hoffmanns answered the appeal seeking additional damages for their third-party-beneficiary claim, for their general damages claim based on mental anguish and inconvenience, and for their general property damages claim.

LAW AND ANALYSIS

REDHIBITION

In its first three assignments of error, Splash Pools contends that the Hoffmanns do not have a valid claim in redhibition because their claim was based on defects with the first pool which was completely removed from the Hoffmanns’ residence, and the second pool provided by Splash Pools was not defective, but rather was improperly installed. It is Splash Pools’ position that the trial court erred in finding that Splash Pools had the right to exercise significant control over the independent pool installer, Mr. Coffman. Additionally, Splash Pools argues that it [Swas not given notice of problems with the second pool nor was it given an opportunity to repair any issues with the second pool.

The existence of a redhibitory defect is a question of fact, which cannot be disturbed on appeal unless the record as a whole establishes that the finding is manifestly erroneous or clearly wrong. Landaiche v. Supreme Chevrolet, Inc., 602 So.2d 1127, 1131 (La. App. 1st Cir. 1992). Similarly, 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 Corp., 633 So.2d 240, 243 (La. App. 1st Cir. 1993), writ denied, 93-3118 (La. 2/11/94), 634 So.2d 832. A court of appeal may not set aside a fact-finder’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. Stobart v.

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215 So. 3d 273, 2016 La.App. 1 Cir. 1011, 2017 WL 690563, 2017 La. App. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffmann-v-b-g-inc-lactapp-2017.