Snoke v. M & M DODGE, INC.

546 So. 2d 936, 1989 WL 71223
CourtLouisiana Court of Appeal
DecidedJune 28, 1989
Docket88-313
StatusPublished
Cited by4 cases

This text of 546 So. 2d 936 (Snoke v. M & M DODGE, 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
Snoke v. M & M DODGE, INC., 546 So. 2d 936, 1989 WL 71223 (La. Ct. App. 1989).

Opinion

546 So.2d 936 (1989)

Sarah B. SNOKE, Plaintiff-Appellant,
v.
M & M DODGE, INC. and Chrysler Corporation, Defendants-Appellees.

No. 88-313.

Court of Appeal of Louisiana, Third Circuit.

June 28, 1989.

*937 Pharis & Pharis, Fred Pharis, Alexandria, for plaintiff-appellant.

Harld Van Dyke, Gold, Weems, Robert Nida, Alexandria, for defendants-appellees.

Before GUIDRY, FORET and DOUCET, JJ.

DOUCET, Judge.

This is a redhibition suit. Plaintiff appeals from the judgment of the trial court granting a reduction in price but denying recision of the sale.

FACTS

Plaintiff purchased a new 1986 Plymouth Turismo automobile from M & M Dodge, Inc. (M & M) on May 19, 1986. The front-wheel drive vehicle was manufactured by Chrysler Motors Corporation (Chrysler). *938 The purchase of the vehicle was financed by Guaranty Bank & Trust Company of Alexandria, Louisiana (now Hibernia National Bank).

Prior to the sale of the vehicle, M & M was aware of problems with its air conditioning system and on two occasions, February 26, 1986 and May 7, 1986, M & M added refrigerant to the system and tested it for refrigerant leaks, but could detect none. Plaintiff was not advised of these problems with the vehicle prior to the sale.

Plaintiff first noticed the air conditioning system was not cooling properly on May 21, 1986. She brought the car to M & M for repairs on May 22, 1986. M & M charged the system with refrigerant and checked it for leaks but could find none. Plaintiff continued to experience cooling problems with the air conditioning system and brought the car to M & M for those problems on May 27, 1986, and June 2, 5, 9, 20, and 23, 1986. Through the course of these repair visits, M & M replaced various gaskets and hoses in the air conditioning system, charged the system with refrigerant and tested it for leaks, and repaired or replaced various valves and the compressor. The air conditioning system was finally repaired satisfactorily on June 23, 1986 and plaintiff never experienced any serious air conditioning problems after that date. All repairs to the air conditioning system were made without any expense to plaintiff. Plaintiff stated that on each repair visit the car was in the shop from two to three hours and that M & M offered her the use of another car for any errands she may have had to run. Additionally, during the May 27, 1986 repair visit, the shifting pattern of the transmission was tested at plaintiff's request and no problems were found.

On July 7, 1986, plaintiff brought the car to M & M with complaints of a hum in the rear end, a leak under the dash, a loose panel in the hatchback, and a loose driver's-side rearview mirror. M & M examined the rear end of the car, added one pint of fluid to it, test drove the car and found it operated normally. M & M also sealed a vent on the passenger side to stop the leak under the dash, replaced a screw to repair the loose panel, and tightened the loose mirror. On this occasion plaintiff's car was out of service from July 7, to July 9, 1986 and M & M provided plaintiff with the use of another car. Plaintiff was not charged for any of these repairs.

On July 25, 1986, plaintiff brought the car to M & M with complaints of a loud humming noise in the transmission. She stated that this was the first time she was able to duplicate the noise for M & M employees. On this occasion the entire transmission was replaced and plaintiff's car was out of service from July 25, to August 7, 1986. M & M provided plaintiff with the use of a car for that period and did not charge her for the repairs. Plaintiff had no further problems with the transmission after this repair visit.

On August 21, 1986, plaintiff brought the car to M & M to repair the carpet on the front passenger side, which was coming loose. The carpet was replaced at no charge to plaintiff and she had no further problems with it.

On August 29, 1986, plaintiff brought the car to M & M and complained that occasionally on acceleration the car had no power. M & M employees were unable to duplicate this problem and plaintiff stated she was unable to duplicate it for them. On that date, M & M adjusted the carburetor and set the timing at no charge to the plaintiff.

On September 3, 1986, plaintiff again brought the car to M & M with complaints of loss of power on acceleration and of the car dying out occasionally. On this occasion, neither M & M employees nor plaintiff were able to duplicate the problem of which plaintiff complained. M & M removed the top of the carburetor and found "trash" in the carburetor. M & M cleaned out the "needle" and the "seat" in the carburetor. On the same date plaintiff also complained of what she described as a "whining" noise in the differential of the car. M & M examined the differential and could detect no problems or unusual noises. Plaintiff was not charged for any of the work done on this date. Also, in connection with *939 plaintiff's complaints of loss of power on acceleration and dying out, a "driveability package" was ordered from Chrysler.[1]

On September 18, 1986, plaintiff returned the car to M & M and the driveability package was installed on the car. Plaintiff also complained that the steering of the car pulled, however M & M employees could detect no problems with the car. Plaintiff was not charged for any of the work done on this date.

On September 22, 1986, plaintiff brought the car to M & M and complained that the air conditioning system was not cooling properly, that the engine "dieseled" (i.e., continued to sputter after it was switched off), and that there was a "whining" noise when changing gears. The cooling problem was remedied by simply plugging in an air conditioner switch that had become disconnected. In connection with the dieseling problem, M & M set the carburetor. The right front strut and bearing were replaced, apparently in connection with the "whining" complaint. Plaintiff was not charged for any of these repairs.

Plaintiff was involved in an accident on September 23, 1986 when she drove the car into a ditch and hit an embankment. This accident damaged the front end of the car. To repair this damage, M & M had to pull parts of the front end back into place and align the front wheels. Plaintiff was charged for these repairs.

On October 16, 1986, plaintiff brought the car to M & M and complained that the passenger side door seal leaked, that when the headlights were switched on the clock and radio went off, and that the brakes were noisy. All of these problems were repaired at no cost to plaintiff.

Plaintiff testified that on February 19, 1987, the car lost power on acceleration and died out and that it took 15 minutes to get the car started again. Plaintiff testified that her nephew drove the car later that day and could not duplicate the problem. Plaintiff stated that the car died out two more times that day and that it took five minutes to start it the first time, and three or four minutes the second time. Plaintiff testified that she then took the car to M & M and told them she refused to take the car back, and then left.

On February 20, 1987, M & M drove the car to a service bay in order to examine and repair it. After the car was put in the service bay it could not be started. Bill Doolittle, the service manager at M & M, testified that the spark computer of the car was found to be defective and it was replaced at no cost to plaintiff.

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Cite This Page — Counsel Stack

Bluebook (online)
546 So. 2d 936, 1989 WL 71223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snoke-v-m-m-dodge-inc-lactapp-1989.