Oliver v. Chrysler Corp.

510 So. 2d 1320, 1987 La. App. LEXIS 9748
CourtLouisiana Court of Appeal
DecidedJune 26, 1987
DocketNo. 86-669
StatusPublished
Cited by3 cases

This text of 510 So. 2d 1320 (Oliver v. Chrysler Corp.) 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
Oliver v. Chrysler Corp., 510 So. 2d 1320, 1987 La. App. LEXIS 9748 (La. Ct. App. 1987).

Opinion

GUIDRY, Judge.

Plaintiffs, Thomas E. and Frances Oliver, instituted this action in redhibition, seeking to rescind the sale of a 1985 Plymouth Horizon automobile or, alternatively, to obtain a reduction of the purchase price. Made defendants were Chrysler Corporation (Chrysler), the manufacturer of the vehicle, and Coleman Chrysler-Plymouth-Dodge, Inc. (Coleman), the vendor of the automobile. Coleman filed a cross-claim against Chrysler seeking indemnification for any liability imposed upon it, along with reasonable attorney’s fees. The trial court rendered judgment in favor of plaintiffs and against the defendants, in solido, rescinding the sale and ordering a return to plaintiffs of the purchase price, subject to a set-off of $3,877.02 for the use and benefit which the plaintiffs had derived from the automobile.1 The judgment also awarded plaintiffs attorney’s fees in the amount of $2,000.00. Judgment was also rendered in favor of Coleman and against Chrysler for indemnification plus attorney’s fees in the amount of $2,000.00. Chrysler was cast with all costs.

Chrysler perfected this suspensive appeal, urging the following errors:

1. The trial court erred in finding that the automobile in question still had a leak at the time of trial.
2. The trial court erred in granting a rescission of the sale.
3. The trial court erred in granting judgment in favor of Coleman for indemnity and attorney’s fees.
4. The trial, court erred in its award of attorney’s fees to plaintiffs.

FACTS

On August 17, 1984, Thomas and Frances Oliver purchased a new 1985 Plymouth 4-door Horizon from Coleman in Natchi-toches, Louisiana, for a total price of $11,-147.04. About two months following the purchase and after a heavy rain, Frances, the principal driver of the Horizon, noticed an accumulation of water on the right front side of the vehicle. The Horizon was taken to Coleman’s for correction of this problem. Coleman kept the car for one day and then returned it to the Olivers. A month later, again after a heavy rainfall, Frances noticed an accumulation of water in the car.2 The Horizon was brought back to Coleman’s for repair, but to no avail. The vehicle was again brought to Coleman’s on January 18, 1985 for a third attempt at repair. Following this attempt at repair, [1322]*1322Frances continued to experience the same leakage problems. The Olivers then contacted their attorney.

On May 29, 1985, Joseph A. Briglia, the district manager for Chrysler, inspected the Olivers’ Horizon. Following a water leak test, Briglia found a leak in the right front panel. Pursuant to Briglia’s instructions, the Horizon was sent for repair to Caldwell’s Trim Shop in Shreveport. Brig-lia conducted another inspection of the vehicle in July of 1985, finding no leaks and no indication that the car had leaked since its repair in May. No further inspections or repairs were conducted by either Coleman or Chrysler.

At trial, Frances and Thomas testified that despite the many attempts at repair, the Horizon continued to leak whenever it rained. Frances stated that in October of 1985, following the heavy rains brought on by Hurricane Juan, there was from one-half to one inch of water accumulated on the front right floorboard of the car. She explained that when she drove the vehicle, the water rushed from the front to the back portion of her car. The Olivers both testified at trial that had they known of this defect, they would not have purchased the car. It was stipulated at trial that on the date of trial, the Horizon had an odometer reading of 18,462 miles.

LIABILITY OF DEFENDANTS IN REDHIBITION

La.C.C. art. 2520 defines redhibition as follows:

“Redhibition is the avoidance of a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless, or its use so inconvenient and imperfect, that it must be supposed that the buyer would not have purchased it, had he known of the vice.”

To prevail in an action for redhibition, the vendee must establish that the defect existed at the time of purchase, but was neither known or apparent to him. He must also prove that the thing sold is absolutely useless for its intended purpose or that its use is so inconvenient that it must be supposed that the vendee would not have made the purchase had he known of the defect. Dickerson v. Begnaud Motors, Inc., 446 So.2d 536 (La.App. 3rd Cir.1984), writ denied, 449 So.2d 1349 (La.1984); Washington v. Morein Motor Co., Inc., 488 So.2d 325 (La.App. 3rd Cir.1986).

In his written reasons for judgment, the trial judge stated:

“The evidence taken at the trial of this matter convinced the court that the automobile leaked from the time of purchase and that despite numerous good faith attempts by the seller, by the manufacturer and by an expert leak repairman recommended by the manufacturer, the automobile still leaks. The leak is not simply a pesky leak but a serious leak which fills the right front floor board with enough water to permit overflow to spread to the entire floor of the vehicle. This leak has had the continued attention of several well qualified auto service people and yet it still exists. Coleman Chrysler’s service manager holds a degree in agriculture and mechanics and has over 30 years of auto experience, and a well trained staff of mechanics, and he couldn’t make it quit leaking. Chrysler Corporation’s factory representative holds a degree in marketing and is obviously intelligent and well versed on Chrysler products and he, likewise, couldn’t make it quit leaking. The factory man or the dealer, or perhaps both, then decided the problem was too tough for them and called in an outside expert, Lester Caldwell. Mr. Caldwell operates Caldwell’s Auto Trim and Glass Service in Shreveport and the vehicle was transported to that city for him to attempt repairs. He was also unsuccessful and the Olivers continued to find their car full of water after every rain.”

The learned trial judge then concluded that the use of the automobile was so inconvenient that plaintiffs would not have purchased it had they known of this defect.

[1323]*1323In its first assignment of error, appellant urges error in the trial court’s factual finding that the car continued to leak after the May repairs. As aforestated, Frances and Thomas Oliver testified that despite the attempted repairs by Coleman, Chrysler and Lester Caldwell, the automobile continued to leak. The only evidence presented by Chrysler to contradict these statements was the testimony of Joseph Briglia who stated that in July, 1985, he inspected and water tested the vehicle and found no evidence of a water leak.

It is settled that an appellate court may not disturb the trial court’s evaluations of credibility and factual determinations unless the record clearly reveals that the trial court’s decision is manifestly erroneous or clearly wrong. Our careful review of the record reveals no clear error in the trial court’s determination in this regard.

Chrysler next contends that the trial court erred in granting the Olivers a rescission of the sale as opposed to a diminution in price. In support of this argument, appellant urges that the leak did not make the Horizon absolutely useless or so inconvenient as to warrant a rescission of the sale.

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Bluebook (online)
510 So. 2d 1320, 1987 La. App. LEXIS 9748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-chrysler-corp-lactapp-1987.