 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gaston v. Bobby Johnson Equipment Co.11/3/2000
The plaintiff, Lawrence Gaston, filed suit against the defendant, Bobby Johnson Equipment, Inc. ("Johnson"), seeking the rescission of a sale, alleging that the truck engine sold to him by the defendant had a redhibitory defect. The trial court made an award to the plaintiff of $16,680.00, for parts and labor on the engine, as well as for lost profits. Both parties appealed. Johnson questions the finding of a redhibitory defect, while Gaston questions the denial of attorney fees. For the reasons set forth below, we affirm in part and reverse in part the trial court judgment.
FACTS
Gaston operates a dump truck business. He needed a new engine for one of his trucks and made inquiries of Johnson about obtaining one. Johnson then purchased an 8V71 diesel truck engine from Jerry McCoy in Texarkana. McCoy had rebuilt the engine and gave Johnson a 90-day warranty on the parts. On October 22, 1997, Gaston bought the engine from Johnson for $4,500.00. Johnson adapted the engine to fit into Gaston's truck. Gaston's mechanic installed the engine along with a new pressure plate, clutch and other parts.
The engine never functioned properly. Gaston complained of severe rattling and a lack of power from the engine. He returned the truck several times to Johnson for repair, but despite Johnson's attempts to repair the engine, the problem never abated. Gaston drove the truck approximately 43 hours when the engine finally broke down and was rendered useless due to a broken crankshaft.
When Gaston returned the truck to Johnson to be repaired, Johnson requested that Gaston obtain a new block and crankshaft for the engine. Gaston purchased the parts at a cost of $1,000.00. Instead of completing the repairs in its shop, Johnson apparently sent the truck to Jerry McCoy for repairs. McCoy then had a heart attack and was unable to complete the work. Johnson did not have McCoy return the truck after McCoy was unable to repair the truck. Despite Gaston's numerous inquiries, Johnson did not repair the truck from June 1998 to October 1998. On October 20, 1998, Gaston filed suit against Johnson, claiming that the engine had redhibitory vices and seeking return of the purchase price as well as lost profits and attorney fees.
Trial was held on April 8, 1999. Gaston testified regarding the purchase of the engine and the fact that it never operated properly. He recounted Johnson's attempts to repair the engine by changing the injectors. Then, after using the truck for approximately 43 hours, the crankshaft "locked up." He returned the truck in April 1998, but repairs were never made, even though Gaston and his driver, James Watkins, called Johnson once or twice per week. After Gaston filed suit, he was able to retrieve the truck body. However, the engine, new crankshaft, clutch and pressure plate package and the engine mounting brackets were missing.
George Tyler, a mechanic for Johnson, testified that after Gaston purchased the engine and had it installed in the truck, Tyler did a tune-up on the engine and later put in a set of injectors. The truck was then sent back to McCoy and at that point it was discovered that the truck had a damaged fuel line.
Jerry McCoy testified that he sold the engine to Johnson. McCoy had overhauled the engine and then drove the engine to Johnson in another truck. He stated that at that time the engine ran fine. McCoy gave Johnson a 90-day warranty on the engine. McCoy was later informed that the engine was not operating satisfactorily after the sale to Gaston. According to McCoy, the problem was that the fuel line was crushed when the engine was installed in the truck. He testified that he got the truck back in July 1998, to r
Page 1 2 3 4 5 6 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|