Laughlin v. Fiat Distributors, Inc.

368 So. 2d 742, 1979 La. App. LEXIS 3880
CourtLouisiana Court of Appeal
DecidedFebruary 5, 1979
Docket6785
StatusPublished
Cited by14 cases

This text of 368 So. 2d 742 (Laughlin v. Fiat Distributors, 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
Laughlin v. Fiat Distributors, Inc., 368 So. 2d 742, 1979 La. App. LEXIS 3880 (La. Ct. App. 1979).

Opinion

368 So.2d 742 (1979)

Richard D. LAUGHLIN, Plaintiff-Appellee,
v.
FIAT DISTRIBUTORS, INC., et al., Defendants-Appellants.

No. 6785.

Court of Appeal of Louisiana, Third Circuit.

February 5, 1979.
Rehearing Denied March 29, 1979.

*743 Scofield, Bergstedt & Gerard, Robert L. Hackett, Lake Charles, for defendants-appellants.

Jones, Patin, Harper, Tete & Hanchey by Gregory Massey, Fred A. Book, Jr., Lake Charles, for plaintiff-appellee.

Hunt, Godwin, Painter & Roddy by Thomas L. Lorenzi, Lake Charles, for defendant-appellee.

Before CULPEPPER, GUIDRY and CUTRER, JJ.

GUIDRY, Judge.

This case comes before us on appeal from a judgment awarding Richard Laughlin, plaintiff in a redhibitory action, the sum of $8,552.00. Plaintiff's suit stems from the sale to him of a 1975 Fiat automobile. The automobile was purchased on or about November 5, 1975 for the price of $4944.31. Plaintiff brought suit on January 27, 1977 against the seller, Christman Motor Car Co., Inc. (Christman) and the manufacturer, Fiat Distributors, Inc. (Fiat), alleging a multiplicity of defects, including (but not limited to) squealing brakes, excessive oil consumption, defects in the electrical system, intermittently inoperable brake and signal lights, and yet undiagnosed defects which have rendered the automobile totally inoperable since February, 1977. Christman thereafter made third party demands against Fiat and Gulf Datsun Fiat, Inc. (Gulf)[1] seeking judgment against said third party defendants for any amounts *744 which it might be found liable to plaintiff. The matter was tried before a jury, with the verdict being rendered in favor of plaintiff on the following special interrogatories:

    "1. Were there redhibitory defects in the
  Fiat automobile at the time of the sale?
                       yes
     2. (b) Is Mr. Laughlin entitled to a reduction
  of the price?
                       yes
        (1) By what amount do you determine
        the purchase price should be reduced?
                     $3,000.00
      3. What amounts of recovery, if any, do
    you find for plaintiff for the following items?
          (a) expense of sale              $3,000.00[2](b) plaintiff's
              attorney's fees              $3,000.00
          (c) mental anguish
              and inconvenience             $1,500.00
          (d) other damages                    $52.00
  4. Did Christman Motor Car Co., Inc. know,
or should it have known of the defects at the
time of the sale?
                      no
  5. What amount, if any, is to be credited to
Christman Motor Car Co., Inc. for plaintiff's
use of the car after the defects were discovered?
                     none
  6. What amount of recovery of attorney's
fees do you award for Christman Motor Car
Co., Inc's attorney?
                   $1,000.00

The trial court rendered and signed a judgment pursuant to the jury's verdict as amended pursuant to plaintiff's assent that the amount awarded for expenses of sale be reduced. Fiat appealed. Christman and Laughlin have answered this appeal, seeking an increase in attorney's fees for services rendered by counsel on appeal. On appeal Fiat makes the following assignments of error:

1. The verdict in favor of plaintiff was erroneous, as plaintiff refused to allow Fiat to repair the automobile;

2. The verdict was excessive as the award exceeded the purchase price of the car and included an improper award for mental anguish;

3. If the verdict is affirmed, Christman should be cast in judgment with Fiat for plaintiff's attorney's fees, and Fiat should not be cast in judgment for Christman's attorney's fees.

I. WAS THE VERDICT IN FAVOR OF PLAINTIFF ERRONEOUS DUE TO PLAINTIFF'S REFUSAL TO ALLOW FIAT TO REPAIR THE AUTOMOBILE?

LSA-C.C. Article 2531 provides:

"The seller who knew not the vices of the thing is only bound to repair, remedy or correct the vices as provided in Article 2521, or if he be unable or fails to repair, remedy or correct the vice, then he must restore the purchase price, and reimburse the reasonable expenses occasioned by the sale, as well as those incurred for the preservation of the thing, subject to credit for the value of any fruits or use which the purchaser has drawn from it.
In any case in which the seller is held liable because of redhibitory defects in the thing sold, the seller shall have a corresponding and similar right of action against the manufacturer of the thing for any losses sustained by the seller, and further provided that any provision of any franchise or manufacturer-seller contract or agreement attempting to limit, diminish or prevent such recoupment by the seller shall not be given any force or effect."

*745 Pursuant to this article, the good faith seller is given the right to demand tender of the defective product for repair as a necessary prerequisite to the institution of an action in redhibition. Fiat contends that under the facts of this case, it should have been afforded the same right to demand tender of the automobile for repair prior to suit.

Appellant urges that on January 21, 1977 Mr. Joseph Stafford, a regional technician for Fiat, contacted Mrs. Laughlin and offered to make repairs on the automobile. On January 25, 1977, however, Mrs. Laughlin refused to allow the Fiat representative to attempt repairs on the car. Instead, she asked for a refund of the purchase price of the car, which request was refused by Stafford. Therefore, it is urged, Fiat was refused tender of the automobile, and should not now be cast in damages in this redhibitory action. We disagree.

In Burns v. Lamar-Lane Chevrolet, Inc., 354 So.2d 620 (La.App. 1st Cir. 1977), the court stated:

"Art. 2531 requires `(t)he seller who knew not the vices of the thing is only bound to repair, remedy or correct the vices.' This article has no application to manufacturers. They are presumed to know the defects of their products. Radalec, Inc. v. Automatic Firing Corp., 228 La. 116, 81 So.2d 830 (1955). Therefore a manufacturer could never be a `seller who knew not the vice of the thing.' Therefore whether or not there was any tender or opportunity to repair is irrelevant as to GM. Prince v. Paretti Pontiac Co., 281 So.2d 112 (La.1973) held that tender is unnecessary as a prerequisite to a redhibitory action. We find that Prince is still the law as to sellers with knowledge of the vices." (Footnotes omitted) at pp. 622-623.

We agree with this conclusion, and find that the purchaser of a defective product need not tender that product to the manufacturer for repair prior to the institution of an action in redhibition.

Appellant urges that at the time the aforementioned attempt to repair the automobile was made, there was no longer a Fiat dealership in the Lake Charles area, and that consequently it should be treated as a seller in this case. The unavailability of a seller in a given area does not thereby transform the manufacturer into a seller in that area.

Although we find that Fiat did not have a right to demand tender of the automobile for repair prior to institution of suit, we do find ample evidence in the record to indicate that during 1976, prior to the date on which Mr.

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368 So. 2d 742, 1979 La. App. LEXIS 3880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laughlin-v-fiat-distributors-inc-lactapp-1979.