Vanderbrook v. Coachmen Industries, Inc.

818 So. 2d 906, 2002 WL 960000
CourtLouisiana Court of Appeal
DecidedMay 10, 2002
Docket2001 CA 0809
StatusPublished
Cited by51 cases

This text of 818 So. 2d 906 (Vanderbrook v. Coachmen Industries, 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
Vanderbrook v. Coachmen Industries, Inc., 818 So. 2d 906, 2002 WL 960000 (La. Ct. App. 2002).

Opinion

818 So.2d 906 (2002)

Frederick VANDERBROOK and Merilee Vanderbrook
v.
COACHMEN INDUSTRIES, INC. and Paw-Paw's Camper City, Inc.

No. 2001 CA 0809.

Court of Appeal of Louisiana, First Circuit.

May 10, 2002.

*908 Kimberly Sanders, Mandeville, for Plaintiffs/Appellees Frederick Vanderbrook and Merilee Vanderbrook.

Sidney W. Degan, III, Denise L. Martin, New Orleans, for Defendant/Appellant Paw-Paw's Camper City, Inc.

Michael Hart, Baton Rouge, for Defendant Coachmen Industries, Inc.

Before: FITZSIMMONS, DOWNING and LANIER,[1] JJ.

DOWNING, J.

This appeal arises from a judgment granting the Vanderbrooks' motion for summary judgment in a redhibition/"Lemon Law" action arising from the purchase of a camper-van-recreational vehicle from Paw-Paw's Camper City, Inc. (Paw-Paw's). For the following reasons we affirm the judgment as to rescission of the sale under redhibition; we reverse as to the damages, and remand for further proceedings on the issues of damages and attorney fees.

FACTS AND PROCEDURAL HISTORY

On September 30, 1999, Frederick and Marilee Vanderbrook (the Vanderbrooks) bought a 1998 Coachmen B demonstrator camper van, with 3800 miles on the odometer, at Paw-Paw's in Hammond, Louisiana. The purchase price totaled $61,832.06. This vehicle is a small motor home built upon a van chassis and includes kitchen and bathroom amenities. A separate battery (referred to as "house" battery or "coach" battery by the parties, hereinafter referred to as "RV" battery, as it is referred to in the Owner's Manual) powers these amenities. While in transit, the RV battery is supposed to be charged by the vehicle's alternator. The kitchen appliances will not operate, nor will the toilet, unless this RV battery is fully charged. Coachmen Industries, Inc., of Elkhorn, Indiana, made the modifications on this van.

The Vanderbrooks returned the van to Paw Paw's on October 14, 1999 for repair because the RV battery would not charge while in transit. Paw Paw's allegedly fixed the problem and returned the vehicle to the Vanderbrooks on October 19. On October 22, however, the van was returned *909 to Paw Paw's with the same RV battery problem. This time, Paw Paw's kept the vehicle until November 17 before returning it as being repaired to the Vanderbrooks. On January 14, 2000, the van was again taken to Paw Paw's for the identical electrical problem. This time, the van stayed in the shop until February 9 before being returned to the Vanderbrooks. Two days later, however, the van was back in Paw Paw's shop for the same electrical problem. On February 19, the RV battery would not stay charged and the Vanderbrooks took the van back to Paw Paw's for repair. On March 8, the van was again returned to Paw Paw's for repair and was returned to the Vanderbrooks on March 14. Two days later the electrical system failed again. On March 27, Coachmen Industries, Inc. picked up the van and took it to its Indiana plant so that the problem could be assessed and hopefully resolved. Coachman however, was unsuccessful in the repair of the electrical system and the RV battery still would not charge during transit.

After notice, the Vanderbrooks filed suit on April 25, 2000 against Paw Paw's and Coachman Industries, Inc. to rescind the sale pursuant to LSA-R.S. 51:1941 et seq., Louisiana's "Lemon Law" statute, and LSA-C.C. art. 2520 et seq., addressing redhibitory defects. On January 9, 2001 their motion for summary judgment was granted against Paw Paw's and denied against Coachman Industries, Inc. Judgment was signed on January 19. Paw Paw's Motion for Rehearing and/or New Trial was denied on January 22. Paw Paw's suspensively appealed the January 19 judgment on February 22 alleging that the trial court erred in granting the motion when discovery was incomplete and when there was an issue of material fact as to whether or not plaintiffs properly charged the RV battery pursuant to the manufacturer's instructions.

STANDARD OF REVIEW

Motion for Summary Judgment

A motion for summary judgment should be granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to material fact and that mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966B. Appellate courts are to review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Calhoun v. Hoffman-La Roche, Inc., 98-2770, p. 5 (La.App. 1 Cir. 2/18/00), 768 So.2d 57, 61, writ denied, 00-1223, (La.6/23/00), 765 So.2d 1041. Because it is the applicable substantive law that determines materiality, whether or not a particular fact in dispute is material can be seen only in light of the substantive law applicable to the case. Calhoun at 98-2770, p. 5, 768 So.2d at 61.

DISCUSSION

Sufficiency of Affidavits

Paw Paw's first alleges that the Vanderbrooks' affidavits are defective because they do not set forth any information affirmatively showing that they are competent to testify as to the existence of a defect in the vehicle's electrical system. Paw Paw's contends that affidavits are essential to show whether there was a defect in the vehicle, whether the defect was nonapparent, whether the defect substantially impaired the vehicles use and market value, and whether the Vanderbrooks had reason to know of the vehicle's alleged defect. Paw Paw's contends that the Vanderbrooks' affidavits do not set forth any information as to what methods were used *910 to determine that the vehicle's electrical system was defective. Consequently, Paw Paw's asserts that when an expert's affidavits contain no information concerning scientific methods underlying his opinion, the trial court cannot assess the reliability of the opinions expressed, and thus, the affidavit is inadmissible. To support this proposition Paw Paw's cites Vardaman v. Baker Center, Inc., 96-2611 (La.App. 1 Cir. 3/13/98), 711 So.2d 727. Paw Paw's alleges that the Vanderbrooks' affidavits are self-serving and not supported by scientific expertise.

Generally, a lay witness can only testify to the facts within his knowledge and not to impressions or opinions; however, a witness is permitted to draw reasonable inferences from his personal observations. State v. Alexander, 430 So.2d 621, 624 (La.1983). This means that one does not need affidavits to prove the obvious. In this case, the record reflects that the Vanderbrooks produced affidavits that the vehicle's RV battery would not stay charged. The appliances and other amenities will not function properly unless the RV battery is charged. The service records of the vehicle indicate that the vehicle was repaired at least eight times for the same RV battery problem. The Vanderbrooks detected the RV battery problem within two weeks of the van's purchase.

Paw Paw's, on the other hand, did not introduce any countervailing affidavits or evidence to the contrary. If the mover produces convincing proof by affidavits or other evidence of fact upon which the motion is based, and no counter affidavits or other proof are offered by the opposing party to contradict that evidence, the conclusion may be justified that there is no genuine issue as to the facts so proved. See Waddell v. Bickham, 431 So.2d 59, 60 (La.App. 1 Cir.1983).

Paw Paw's contends that the Vanderbrooks' affidavits contain opinion evidence requiring expert testimony.

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Cite This Page — Counsel Stack

Bluebook (online)
818 So. 2d 906, 2002 WL 960000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanderbrook-v-coachmen-industries-inc-lactapp-2002.