Landry v. International Harvester Co.

452 So. 2d 806, 1984 La. App. LEXIS 9068
CourtLouisiana Court of Appeal
DecidedJune 27, 1984
DocketNo. 83-703
StatusPublished
Cited by2 cases

This text of 452 So. 2d 806 (Landry v. International Harvester 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
Landry v. International Harvester Co., 452 So. 2d 806, 1984 La. App. LEXIS 9068 (La. Ct. App. 1984).

Opinion

YELVERTON, Judge.

This is a suit by Mr. and Mrs. Harry G. Landry, Jr. against International Harvester Company and Sam Broussard, Inc. to recover damages and attorney’s fees allegedly sustained as a result of the defective manufacture of a 1979 International truck and/or faulty repair work performed by Sam Broussard, Inc. The defendant, Sam Broussard, Inc., filed a third party demand against International Harvester. The trial court rendered judgment in favor of the plaintiffs against both defendants in solido in the sum of $8,644.79, but denied the plaintiffs’ claim for attorney’s fees. Additionally, the trial court rendered judgment in favor of Sam Broussard, Inc. on its third party demand against International Harvester in the amount of $8,644.79, and also denied the third party plaintiff’s demand for attorney’s fees. From this judgment International Harvester appeals. Sam Broussard, Inc., answered the appeal from the third party judgment asking for attorney’s fees. Plaintiffs answered the appeal asking for an increase in the award as well as attorney’s fees. We reverse the judgment against International Harvester in the main demand, and also reverse the judgment against it in the third party demand. The judgment is otherwise affirmed.

The primary liability issue on appeal is whether there was proof that there existed a defect in the manufacture of the vehicle so as to hold International Harvester, as the manufacturer, liable. A second liability issue is whether Sam Broussard, Inc.’s liability is based on redhibition, or arises ex delicto. This latter issue must be determined in order to answer the contention of the parties regarding attorney’s fees.

The primary issue on appeal regarding damages is the sufficiency of the award. No one contends that it is too much. Only the plaintiffs have raised this issue on appeal, contending that the award is not enough. The remaining issue concerning the award is whether attorney’s fees are due.

We will discuss these issues after first narrating the basic facts.

FACTS

In 1979 and 1980 the Landrys were in the trucking business. Mr. Landry drove the truck and Mrs. Landry kept the books. The trial judge accurately described the facts leading up to this lawsuit as follows:

“On February 20, 1979, Harry G. Landry, Jr., purchased from Sam Broussard, Inc. a 1979 International truck manufactured by the International Harvester Company. He bought the truck for purposes of hauling sand, gravel, dirt and mud. .On September 12, 1979, he returned the truck for repairs as it was tracking to one side. Defective bushings were found on both sides of the Hen-drickson walking beam. These beams were removed and the bushings were reinstalled on them. This was done on the basis of a warranty claim by Brous-sard from International.
“Thereafter, on January 29, 1980, while Mr. Landry was driving his truck in an easterly direction on Old Highway 90 near the old naval station, he felt a jerk on the left rear of the truck and saw that the truck was beginning to sway. He pulled the truck over to the right and it went into the ditch and leaned over, causing considerable damages.”

The accident happened because the bushing bolt on the left rear end of the Hen-drickson Walking Beam, which is part of the rear suspension system of the truck, came out causing the walking beam to disengage from the rear end housing. This caused a loss of control, the accident, and the damages.

[808]*808THE LAWSUIT AND THE JUDGMENT

Plaintiffs lost time and money while the truck was being repaired. They sued Sam Broussard, Inc., as the seller, and International Harvester, as the manufacturer, in redhibition. They petitioned to have the sale rescinded and to recover the purchase price of the truck, or at least a reduction in price, as well as the cost of repairs, loss of earnings while the truck was being repaired, and an award for mental anguish because of the interference with their business. The case was consolidated with a subrogation suit by plaintiffs’ insurance company against the defendants for the cost of repairing the vehicle. That suit was settled prior to trial leaving only plaintiffs’ claims for redhibition and/or faulty repairs, down time, and mental anguish.

The trial court determined that the cause of the accident was the failure of the bolt and capscrew to hold the bushings in place. He found this condition to be a redhibitory defect in the manufacture of the vehicle. He concluded that the plaintiffs were entitled to recover from both the seller and the manufacturer, but that the plaintiff was not entitled to attorney’s fees for the stated reason that there was no showing of bad faith on the part of either defendant. Finding that the ultimate blame lay with a defect in the manufacture of the truck, the trial court gave Sam Broussard, Inc., a judgment in its third party demand against International Harvester.

We turn now to the liability issues involved in this appeal.

LIABILITY

Our understanding of the mechanics of how the accident happened — and consequently the responsibility for it — is based almost entirely upon the deposition testimony of an expert mechanic, Louis Margot. In this reliance we are in accord with the trial judge who indicated, in his written reasons, that he likewise relied heavily on this expert.

Mr. Margot explained that the Hendrick-son Walking Beam, used by International Harvester in the manufacture of its trucks, is the main connector between the front and rear axles and the frame. The accident happened because the walking beam became disconnected from the rear axle. In the words of Mr. Margot:

“There’s only one way that a walking beam could fall out from its position in the two hanging brackets. These two adapters go through this big bushing with the spacer and they’re secured with this three-quarter inch nut and bolt. This bolt does not carry any load, any stress, any poundage or nothing. This bolt merely holds these two adapters together. Your load is carried in these two adapters here, which are pushed in and pressed into those two hanging brackets. There is no load at all. I would say that the bolt did not break. I have never seen any of them break, due to the fact that there is no load, no stress on this bolt itself. This bolt merely holds the two caps together. In this situation here, I would assume that this bolt had to come loose. Had this bolt not ever came loose, the nut from the bolt, these two adapters would not have left one another. If these two adapters would not leave one another, your Hendrickson Walking Beam would never get out of place.”

Mr. Margot then expressed the opinion that the bolt came out because it was not properly tightened when it was put in.

There are four of these bolts in the suspension system, two for each axle. All four bolts had been removed and replaced four and a half months prior to the accident when plaintiff returned the truck to Sam Broussard, Inc., while it was in warranty, for repairs due to defective bushings. The employees of Sam Broussard, Inc., did the repairs. To replace the bushings it was necessary to remove the bolts and then replace them. The accident happened when the left rear bolt came out. It is clear to us from Mr. Margot’s testimony that the bolt came loose because it had been improperly tightened when replaced.

[809]

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Bluebook (online)
452 So. 2d 806, 1984 La. App. LEXIS 9068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-international-harvester-co-lactapp-1984.