Lehn v. Clearview Dodge Sales, Inc.

400 So. 2d 317
CourtLouisiana Court of Appeal
DecidedJune 2, 1981
Docket11932
StatusPublished
Cited by17 cases

This text of 400 So. 2d 317 (Lehn v. Clearview Dodge 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
Lehn v. Clearview Dodge Sales, Inc., 400 So. 2d 317 (La. Ct. App. 1981).

Opinion

400 So.2d 317 (1981)

Arne LEHN, Jr.
v.
CLEARVIEW DODGE SALES, INC., Chrysler Corporation and Chrysler Motors Corporation.

No. 11932.

Court of Appeal of Louisiana, Fourth Circuit.

June 2, 1981.
Rehearing Denied July 13, 1981.

*318 Corey, Reed, Bethay & Kogos, Edward J. Lassus, Jr., New Orleans, for plaintiff-appellee.

Edwin A. Stoutz, Jr., New Orleans, for defendant-appellant Clearview Dodge Sales, Inc.

Monroe & Lemann, Stephen B. Lemann, A. Justin Ourso, III, New Orleans, for defendant-appellee Champion Home Builders Co.

Before GULOTTA, GARRISON and CHEHARDY, JJ.

GULOTTA, Judge.

This redhibitory suit by an owner of a new motor home is directed against Clearview Dodge Sales Inc. (dealer), Champion Home Builders Company (manufacturer of the body of the home), and Chrysler Corporation (manufacturer of the cab and chassis of the vehicle.) Defendants third partied each other and Clearview filed a reconventional demand against plaintiff for storing the vehicle after it was returned to the dealer.

Judgment was rendered in favor of Arne Lehn, Jr. and against Clearview and Champion, in solido, for $6,000.00 and for $1,000.00 in attorney's fees.[1] In written reasons, the trial judge stated:

"The Court is convinced from the testimony that when plaintiff purchased and took possession of his mobile home in June, 1977 it contained defects that rendered it unusable for the purpose intended.... Plaintiff is entitled to at least a reduction of purchase price and damages, but the primary question of whether he is entitled to rescission must be first resolved....
The Court concludes from the testimony that the vehicle was defective at the time of its manufacture, and that Champion is responsible and liable in this area to the plaintiff for damages. The Court further concludes that Clearview Dodge was dilatory in effecting any repairs that it could and should have made while the vehicle was in its control and thus delayed the vehicle being sent to Champion for the *319 ultimate repairs that were made. The Court feels that the plaintiff should be compensated by both the manufacturer and Clearview Dodge, in that both companies are equally responsible to plaintiff for his damages resulting in the loss of use of his vehicle, inconvenience and depreciation. The Court concludes that plaintiff should be compensated in the amount of $6,000.00."

Citing LSA-C.C. Art. 2531,[2] Clearview contends on appeal that as a good faith seller it is only bound to repair and can only be held liable for a reduction in the purchase price and expenses incidental to the sale. Accordingly, it argues that a vendor and a manufacturer cannot be held liable in solido for damages to the vendee. Clearview further contends that the second paragraph of LSA-C.C. Art. 2531 entitles it as seller to full indemnity from Champion for manufacturing defects. Clearview finally contends that non-pecuniary damages for inconvenience and loss of use are not recoverable in an action to rescind the sale of a motor vehicle and that it is entitled to credit for storage fees on its reconventional demand.

In answer to Clearview's appeal, Champion[3] contends that since Clearview did not make timely repairs to the Lehn vehicle and failed to cure the easily remedied defects or inform Champion of the problems until four months after Lehn returned his vehicle, Champion is entitled to indemnity and/or contribution from Clearview for payment of the judgment in favor of Lehn.

BACKGROUND

Plaintiff purchased his Dodge Tuffy motor home from Clearview for $15,700.02 on June 22, 1977. At the time of purchase, Lehn noticed that a door molding was out, that a roll-up shade did not function properly, and that there was a small stain on paneling in the bathroom. According to plaintiff, he returned the vehicle to Clearview twice for repairs during July, 1977 but the initial defects and other problems persisted.

Lehn experienced water leaks in the vehicle during rain on a trip to Mississippi in early September, 1977. In a letter of complaint to Clearview on September 7, he noted problems with rear window leaks, rearside door leaks, improper wheel alignment, improperly adjusted headlights, a weather stripping problem on the door, the initial window shade problem on the door, gasoline tank leaks, water pouring in during rain, fading bathroom paneling, a problem with the power steering, improperly working propane and gasoline gauges, and the absence of owner's manuals for the hot water heater and central heating system. Lehn returned the vehicle to Clearview on September 12.

Clifton G. Kitchens, Champion's service manager, testified that his company had a course of dealing whereby Clearview, upon receiving a customer complaint, called Champion for a parts request and authorization for repair on the unit. According to Kitchens, Clearview called Champion on several occasions from September through December, 1977 and obtained authorization *320 for repair or replacement of parts on Lehn's vehicle.[4]

After suit was filed in January, 1978, Champion picked up Lehn's vehicle from Clearview in mid-January and drove it to Champion's service center in Georgia. Based on Lehn's list of defects in his letter of September 7, Champion inspected the vehicle and completely repaired and reconditioned it for the purpose of tendering it back to Lehn and settling the litigation, even though it considered some of the complaints unfounded. Kitchens resealed the entire roof of the vehicle, replaced the entire propane tank and gauge, and installed new carpet and paneling. In his opinion, the windows and the doors of the vehicle did not leak, but he found that the refrigerator roof vent had not been properly sealed at the time of manufacture, resulting in water leakage down the interior wall of the vehicle.

Champion returned the motor home to Clearview in mid-February, 1978. According to Clearview's officials, they informed Lehn's attorney that the vehicle had been completely repaired. Lehn's attorney denied receiving any such call, however, and plaintiff stated that he did not talk to anyone at Clearview from September 12, 1977 until a deposition on April 4, 1979.

NATURE OF RECOVERY

The evidence clearly supports the trial judge's conclusion that the motor home contained defects rendering it unusable for the purpose intended. The more difficult issue, however, is whether the $6,000.00 judgment in favor of plaintiff should be viewed as "damages" or as a reduction of the purchase price.

Plaintiff's suit was to rescind the sale and recover damages for redhibitory defects. In a suit for redhibition the judge may decree a reduction of the price. LSA-C.C. Art. 2543. An action for reduction is subject to the same rules and limitations as the redhibitory action. LSA-C.C. Art. 2544.

In Menville v. Stephens Chevrolet, Inc., 300 So.2d 858 (La.App. 4th Cir. 1974), writ denied, 303 So.2d 186 (La.1974), we held that a trial judge, in estimating the amount of reduction in price, properly considers not only the cost of repairs but also "the numerous problems, the frequent inconvenience associated with breakdowns and repairs of these problems, and the overall poor performance in relation to that expected...." See also, Bendana v. Mossy Motors, Inc., 347 So.2d 946 (La.App. 4th Cir. 1977).

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400 So. 2d 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehn-v-clearview-dodge-sales-inc-lactapp-1981.