Lokey v. Dixie Buick, Inc.

400 So. 2d 322
CourtLouisiana Court of Appeal
DecidedJune 2, 1981
Docket11975
StatusPublished
Cited by7 cases

This text of 400 So. 2d 322 (Lokey v. Dixie Buick, 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
Lokey v. Dixie Buick, Inc., 400 So. 2d 322 (La. Ct. App. 1981).

Opinion

400 So.2d 322 (1981)

Betty Jean LOKEY, wife of/and Ernest F. Lokey
v.
DIXIE BUICK, INC., and Holiday Rambler Corporation.

No. 11975.

Court of Appeal of Louisiana, Fourth Circuit.

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

*324 Kronlage, Dittmann & Caswell, Charles A. Kronlage, Jr., New Orleans, for plaintiffs-appellees.

John David Cassanova, Metairie, for Dixie Buick, Inc., defendant-appellant-appellee.

Robert H. Fray, Gretna, for Holiday Rambler Corp., defendant-appellant-appellee.

Before GULOTTA, GARRISON and CHEHARDY, JJ.

CHEHARDY, Judge.

Defendants, Dixie Buick, Inc. (Dixie), and Holiday Rambler Corporation (Holiday), appeal a district court decision in favor of plaintiffs, Betty Jean Lokey, wife of/and Ernest F. Lokey, and against the defendants jointly, severally and in solido in the full sum of $18,294.70 with legal interest thereon from date of judicial demand and for all costs of the proceedings. The judgment further decreed that:

"* * * there be judgment herein, in favor of Dixie Buick, Inc., and against Holiday Rambler Corporation, in the full sum of Two Thousand Nine Hundred Twenty-seven and 15/100 Dollars ($2,927.15), representing twenty percent (20%) of the total amount of judgment for which Dixie Buick, Inc., has been cast in judgment in the main demand, with legal interest thereon from date of judicial demand;
"* * * there be judgment herein in favor of Holiday Rambler Corporation and against Dixie Buick, Inc., in the full sum of Fourteen Thousand Six Hundred Thirty-five and 76/100 Dollars ($14,635.76), representing eighty percent (80%) of the total amount for which Holiday Rambler Corporation has been cast in judgment in the main demand, with legal interest thereon from date of judicial demand;
"* * * as relates to the respective third-party demands by and against Dixie Buick, Inc., and Holiday Rambler Corporation, that each of the parties bear their respective costs."

In a later judgment on the plaintiffs' claim for attorney fees, the petitioners' request for such was denied, the court being of the opinion such a request should have been included in the pleadings and submitted to the jury for its consideration. Consequently, plaintiffs have answered the defendants' appeal asking that only that part of the judgment refusing to grant the plaintiffs attorney fees be reversed.

Plaintiffs also have appealed a subsequent judgment of the trial court in favor of Holiday and against the plaintiffs and Dixie, ordering that the 1978 "Free Spirit 26' Motor Home," which is the subject of this lawsuit, be sold at public sale to the last and highest bidder for cash, with appraisal, and after due legal advertisement.

The jury's answers to interrogatories stated the plaintiffs' claim should be paid in the proportions of Dixie 80% and Holiday 20%.

On June 8, 1978, plaintiffs purchased a 1978 Free Spirit 26' Motor Home, manufactured by Holiday, from Dixie for the price of $17,544.70. Mrs. Lokey testified that the reason for buying the vehicle was she and her family like to travel but they did not care to stop at motels. They wanted to be "self-contained" so as to eat, sleep and live together in comfort.

Mrs. Lokey said that on the day before the purchase she rode around the block in the vehicle and was informed by the salesman that after the purchase of the vehicle she should read the accompanying booklets to figure out what was supposed to be done in operating it. She added that on the night of the sale her husband drove the motor home from Dixie and on the way home the engine would die every time they stopped; the air conditioner generator would not function and was making a loud noise; and there was some problem with the steering.

Mrs. Lokey also stated she returned to Dixie on the day after the purchase with a list of problems which had evidenced themselves and which included, in her words:

*325 "The wood was loose on the side of the door. That was the door frame. The butane gas valve was broken. The front speaker didn't work. There was no toilet paper holder. The opening door hit the air conditioner. The toilet wouldn't flush. The shower wouldn't work. The right headlight was out. The generator wouldn't start properly or function properly. There was no TV lead in wire for the TV hookup. The holding tank hose was missing, the water hose was missing, the lock, we couldn't lock the dead bolt. There was no level for the refrigerator. The car died every time you stopped. The motor air conditioner didn't cool. The gas gasoline pipe was loose. It was hard to steer. There was some sort of leak when you turned the corner to the left, it appeared to be water. The exhaust. This is the generator again but the little bit of time it would work it would make a tremendous noise and shoot out some sort of brown water. The antenna, the TV antenna wouldn't rotate and there was a burning, a rubber burning smell coming from the engine."

She stated Dixie was unable to repair the air conditioner and refrigerator but suggested she bring the vehicle back to them on Tuesday, June 13. She added she went ahead and made the trip she had planned from Kentwood to Colleen, Louisiana, and she experienced a vibration problem with the steering; she was unable to get the generator to work for more than two or three minutes at a time, necessitating that she move the vehicle to a camp in order to plug into electricity; and she and her children had no bathroom facilities or refrigerator working in the vehicle during the trip.

Mrs. Lokey said she brought the vehicle back to Dixie on June 13 and picked it up on Friday, June 16. Although Dixie had repaired some of the items on the list she had given them, the door to the bathroom still scraped the air conditioner, the right headlight was still not working, the generator did not function, the television antenna did not rotate, the pipe to empty the sewerage tank was not provided nor was the water tank hose, the air conditioning was still not functioning, the gauges on the tanks had not been fixed nor was the refrigerator repaired. She said she and her family took the motor home to a campground anyway that weekend, but they were only able to stay one night because of the difficulties with the vehicle.

Mrs. Lokey testified she again left the motor home at Dixie for repairs from Tuesday, June 20, to Friday, June 23, and also brought it back to them on Monday, June 26, but they were unable to even repair the refrigerator. She said she then called the manufacturer of the refrigerator, who referred her to a place called "Barrows"; however, she was told by Mr. Barrows that due to the fact the vehicle was bought from Dixie he did not plan to work on it and asked her to leave his premises.

Subsequently, on June 29, Mrs. Lokey and her family left on another trip and located a place in San Antonio, Texas, which offered to repair the refrigerator; however, when she called Dixie they would not "okay" the repair work but told her they would get the part and repair it when she returned. However, when she went back to Dixie the dealership had changed hands and it was then called "Eagle," which establishment did not have the part nor did it offer to repair the refrigerator. She added that on the way home from the trip to Texas the entire exhaust fell off the generator.

Mrs.

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400 So. 2d 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lokey-v-dixie-buick-inc-lactapp-1981.