Manzanares v. AMERICAN INTERN. FOREST PRODUCTS, INC.

389 So. 2d 1142
CourtLouisiana Court of Appeal
DecidedDecember 5, 1980
Docket7772
StatusPublished
Cited by10 cases

This text of 389 So. 2d 1142 (Manzanares v. AMERICAN INTERN. FOREST PRODUCTS, 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
Manzanares v. AMERICAN INTERN. FOREST PRODUCTS, INC., 389 So. 2d 1142 (La. Ct. App. 1980).

Opinion

389 So.2d 1142 (1980)

John F. MANZANARES et ux., Plaintiffs-Appellants,
v.
AMERICAN INTERNATIONAL FOREST PRODUCTS, INC. et al., Defendant-Appellee.

No. 7772.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1980.
Writ Refused December 5, 1980.

*1143 Edwards, Stefanski & Barousse, Homer Ed Barousse, Jr., Crowley, for defendant-appellant-appellee.

Sandoz, Sandoz & Schiff, Lawrence B. Sandoz, Jr., Opelousas, for plaintiff-appellee-appellant.

Morrow & Morrow, J. Michael Morrow, Opelousas, for plaintiffs-appellees-appellants.

Dubuisson, Brinkhaus & Dauzat, Edward B. Dubuisson, Opelousas, for defendants-appellees.

Franklin, Moore & Walsh, Charles O'Brien, III, Baton Rouge, for defendant-appellee.

Before CULPEPPER, SWIFT and DOUCET, JJ.

*1144 SWIFT, Judge.

In May of 1977 Mr. and Mrs. John Manzanares, the plaintiffs, entered into a building contract with J. L. Pitre, a carpenter-contractor, for the construction of their home near Leonville, Louisiana. The Manzanares desired a rustic look for the interior of their home and selected 1" × 12" Ponderosa Pine boards for the paneling from a sample brought them by Mr. Pitre which he had obtained from Pierre Guidry & Son, Inc., a building materials retailer. Thereafter, the interior of the home was paneled with 4500 board feet of this material that was manufactured by Wickes Forest Industries, a division of The Wickes Corporation. The home was completed in July of 1977. During the months of December, 1977, and January, 1978, after the use of the central heating system, the plaintiffs began to notice that the pine was "shrinking", resulting in some splitting of the boards and cracks nearly ¼ inch in width where they were supposed to join which exposed the insulation in the walls behind the paneling. The wood shrank throughout the house.

The Manzanares filed this lawsuit against Pitre, Pierre Guidry & Son, Inc. (Pierre Guidry), American International Forest Products, Inc. (American) and its insurer, Safeco Insurance Company of America (Safeco), the Wickes Corporation (Wickes) and its insurer, Travelers Insurance Company (Travelers), alleging the wood used was defective and seeking damages.

After trial on the merits, in answers to interrogatories, the jury found the lumber was defective because of its high moisture content at the time it was sold by the lumber dealer, Pierre Guidry, but that it did not contain excess moisture which constituted a redhibitory defect when it left the custody of Wickes. Therefore, the judgment was cast against Pierre Guidry on the jury's finding that the lumber gained moisture in its custody which caused the shrinkage.

It was agreed by the parties that the trial judge would rule on all matters not decided by the jury. He concluded that J. L. Pitre also was legally responsible for installing the defective material and rendered judgment against him as well. However, Mr. Pitre was allowed indemnity on his third party demand against Pierre Guidry, as a good faith seller with recourse against his vendor. A total award of $19,000.00 was granted the plaintiffs. The Manzanares, Pitre and Pierre Guidry have appealed. The other parties have answered the appeals.

THE MANUFACTURER'S LIABILITY

The first issue with which we are confronted is whether the jury erred in finding the lumber did not contain a redhibitory defect at the time it left the custody of the manufacturer, Wickes.

The evidence indicates that the particular No. 3 common Ponderosa Pine that Pierre Guidry sold to Pitre for use in the Manzanares home was ordered by the lumber dealer from American, a broker, who in turn ordered it from Wickes. The order was for a flatcar load of lumber, kiln-dried and paper-wrapped. It was shipped by Wickes directly to Pierre Guidry and was never handled by American.

James R. Hogue, the sales and traffic manager for Wickes at Grangeville, Idaho, who qualified as an expert in the field of lumber, testified that to be labeled "kiln-dried" the Ponderosa Pine must have a moisture content not greater than 19%. Except for railroad ties, no lumber is produced at the Grangeville plant that is not kiln-dried. The wood stays in the kiln for drying for more than a day. Because it passes through many hands and there are various grades and moisture checks along the way, there is little chance of the lumber getting shipped without being inspected. He admitted that every board is not examined, but random samplings of the wood are made periodically for moisture content.

Mr. Hogue further testified that wet lumber comes out very fuzzy after planing and is therefore recognizable. He said that it is a natural property of wood, especially in this part of the country, to absorb moisture from the air. Consequently, even after *1145 the excess moisture is taken out of the wood at the plant, it has a tendency to pick up moisture after arrival in Louisiana. Then, once it is put in a home and central heat is used, it is natural for the lumber to lose moisture and shrink. There are other grades of Ponderosa Pine than the No. 3 employed in this instance which will not shrink, however. No. 3 is used primarily for shelving.

Another expert in the field, Mr. Neil Pinson, who is the technical director for Western Wood Products Association, testified that if the lumber had not been kiln-dried to a moisture content of 19% and as in this case shipped in April but not used in a home until late May or July, normally he would expect mildew to develop. He further testified that kiln-dried lumber, subjected to high temperatures and relative humidity for two to three months and even though in a covered shed, will increase in moisture content to about 20.2%. He examined the moisture readings taken in the plaintiffs' home, which ranged from 9.2% to 11.9%. He testified that if a piece of 1" × 12" Ponderosa Pine is reduced from 18% to 10% moisture content, it will shrink slightly less than ¼ inch in width. After measuring several of the boards from plaintiffs' home and taking into consideration that 12-inch boards are required to be only 11¼ inches wide, he concluded that their shrinkage was not disproportionate as they averaged 111/8 inches for a board. However, he added that in some places the cracks between the boards were wider than the shrinkage would indicate they should have been. This was explained as being due to the "crook" in this less expensive grade of lumber.

Further, Mr. Herman Guidry, the president and owner of the lumber company, testified that what he received from Wickes was "exactly what we wanted, a beautiful grade of No. 3, kiln-dried." He personally saw this shipment and helped unload it. It was stored in covered sheds. He denied the lumber was defective, but said it should not have been used for paneling. It was purchased mainly for use as shelving. The salesman for Pierre Guidry, Kenneth Daigle, testified it was a good shipment of lumber.

On the other hand, another expert, Mr. Roy Elder, the general manager of the distribution yard of the Powell Lumber Company in Lake Charles, expressed the opinion that the lumber could have accumulated moisture in transit or that some of the boards may not have been properly dried because of improper circulation in the kiln. He said that most 1" × 12" No. 3 Ponderosa Pine sold by his company is used for shelving, but that it could be used for paneling and is, at least in some parts of this country. However, in Louisiana a tongue and grove application is employed to reduce the problems resulting from shrinkage.

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Bluebook (online)
389 So. 2d 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manzanares-v-american-intern-forest-products-inc-lactapp-1980.