W. Handlin Marine, Inc. v. Gulf States Marine, Inc.

624 So. 2d 907, 1993 La. App. LEXIS 2832, 1993 WL 371717
CourtLouisiana Court of Appeal
DecidedSeptember 15, 1993
Docket93-CA-256
StatusPublished
Cited by11 cases

This text of 624 So. 2d 907 (W. Handlin Marine, Inc. v. Gulf States Marine, 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
W. Handlin Marine, Inc. v. Gulf States Marine, Inc., 624 So. 2d 907, 1993 La. App. LEXIS 2832, 1993 WL 371717 (La. Ct. App. 1993).

Opinion

624 So.2d 907 (1993)

W. HANDLIN MARINE, INC.
v.
GULF STATES MARINE, INC.

No. 93-CA-256.

Court of Appeal of Louisiana, Fifth Circuit.

September 15, 1993.
Rehearing Denied October 18, 1993.

*908 Leonard L. Levenson, Dee O'Neil Andrews, New Orleans, for appellant/defendant Gulf States Marine, Inc.

Jacob Taranto, III, Metairie, for appellee/plaintiff W. Handlin Marine, Inc.

Before DUFRESNE, GOTHARD and CANNELLA, JJ.

CANNELLA, Judge.

Defendant, Gulf States Marine, Inc., appeals from a judgment on open account rendered *909 against it in favor of plaintiff, W. Handlin Marine, Inc. We affirm.

Defendant services ships when they enter port and require repairs. In February 1991, defendant hired plaintiff for the repair, installation and assembly of a bilge alarm panel in the vessel M/V Male. Plaintiff removed the panel and transported it to its shop for repairs. Plaintiff tested, calibrated and returned it to the ship where it did not function. The panel was removed and the process repeated along with the installation of a buck/boost transformer to attempt to raise the voltage. The panel still did not work. Shortly thereafter, the ship sailed and plaintiff invoiced defendant $2,005 for the work performed.

Defendant refused to pay the bill and plaintiff filed suit on open account on June 7, 1991, pursuant to La.R.S. 9:2781. Trial was held on July 23, 1992 and judgment was rendered on August 20, 1992 in favor of plaintiff for $2,005, plus interest, court costs and attorney's fees of $400.

On appeal, defendant first asserts that the trial judge erred in relying on inadmissable hearsay evidence in reaching his decision. Second, it contends that the trial court erred in finding that plaintiff met its burden of proof when plaintiff presented only the hearsay and self-serving testimony of the company president and failed to call the certified marine electrician who tested the equipment a second time. The electrician's absence should have resulted in an adverse presumption against plaintiff.

Defendant also asserts that plaintiff failed to prove a prima facie case because only its President, W. Handlin, testified as to the repairs made, the efforts to correct the problem and the results. It asserts that this testimony was inadmissible hearsay and was allowed over objection.

In the trial, Handlin, President of and lead technician for plaintiff, testified that defendant contracted with his company to perform repairs to the non-functioning bilge alarm panel on the M/V Male. The panel was removed, taken ashore to the shop, repaired, calibrated and tested. The bilge alarm panel worked on shore, but when installed on ship, the panel was not operational due to the inadequate voltage supplied by the ship. Next, the panel was removed and sent to another company for testing in order to insure that the voltage was the problem and not something his company overlooked. The second test showed that the equipment was operating properly. Plaintiff next installed a boost/buck transformer to increase the voltage on the ship. When that failed, plaintiff was unable to go further without the electrical system of the ship being repaired to increase the voltage. Handlin testified that no one requested or hired plaintiff to perform those repairs, which would have cost significantly more than the original cost and thus they took no further action. The ship subsequently sailed, but he was unable to state whether or not the panel was operating when the ship sailed.

On cross examination, Handlin testified that he personally observed only one of the tests and knew the results of the other test from the invoice that the plaintiff received from the company which performed the second test. While he was involved, there was no evidence to show that he was personally involved in all of the events.

Plaintiff introduced two documents. One document is the work order, typed on the stationary of defendant and dated February 18, 1991. It describes the job as follows:

Bilge Level Alarm Panel:
Furnish the services of a certified marine electrician to proceed to vessel. Disconnect and remove one (1), bilge alarm panel and transport to contractor's shop. Set up at shop and repair one pot assembly in panel. Calibrate panel and test for proper operation in ship. Transport panel to vessel and install. The unit when installed will not function properly due to a low voltage condition being experienced on vessel. Furnish and supply to vessel, one (1), step up transformer to bring input voltage up to 240 Volt, the required voltage for proper operation of alarm panel.

The second document is the job completion statement signed by an employee of defendant on February 19, 1991, as follows:

*910 "M-V MALE"
Burnside, LA
2/XX-XX-XX-XX-XX/91)
ITEM 5). BILGE LEVEL ALARM PANEL
Labor of a certified marine electrician and material were provided to disconnect and remove one (1), bilge alarm panel and transport to the contractor's shop. The one pot assembly in panel was set up at the ship for repairs. The panel was calibrated and tested for proper operation in the ship. The panel was transported to the vessel and installed. Due to a low voltage condition on the vessel, the unit when installed would not function properly. Therefore one (1) buck?boost transformer was supplied and installed on the vessel to bring input voltage up to 240V, the required voltage for proper operation of the alarm panel. The voltage supply needed was 220V input with a 240V output. The vessel could not supply the 220V input level required. It had a 205V output at the time of installation. Note, the max. on board was 412V.

In addition, plaintiff attached a copy of the itemized invoice to its petition which states:

"M-V Male"
Burnside, LA
2/XX-XX-XX-XX-XX/91
ITEM 5.) BILGE LEVEL ALARM PANEL
Labor of a certified marine electrician and material were provided to disconnect and remove one (1), bilge alarm panel and transport to the contractor's shop. The one pot assembly in panel was set up at the shop for repairs. The panel was calibrated and tested for proper operation in the shop. The panel was transported to the vessel and installed. Due to a low voltage condition on the vessel, the unit was installed would not function properly. Therefore one(1) buck/boost transformer was supplied and installed on the vessel to bring input voltage up to 240V, the required voltage for proper operation of the alarm panel. The voltage supply needed, was 220V input with a 240V output. The vessel could not supply the 220V input level required. It had a 205V output at the time of installation. Note, the max. on board was 412V.
             LABOR   $1,842.00
          MATERIAL      163.00
                     _________
 TOTAL AMOUNT DUE:   $2,005.00

Defendant called Alberto Guevara, the employee who signed the completion document, and Raymond Melvin, the employee who hired plaintiff. Guevara testified that he signed the completion document in his office, but had no knowledge of the voltage situation on board the vessel. Melvin, on the other hand, was directly involved. He did not admit that low voltage on the ship was at fault, but he basically reiterated the testimony of Handlin.

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Bluebook (online)
624 So. 2d 907, 1993 La. App. LEXIS 2832, 1993 WL 371717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-handlin-marine-inc-v-gulf-states-marine-inc-lactapp-1993.