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Gaston v. Bobby Johnson Equipment Co.11/3/2000
epair the broken crankshaft. He claimed that he did not work on the engine for several months because he had been ill, had a lot of work and was working on this engine for free.
The trial court found in favor of Gaston, granting him an award of $16,680.00. In reasons for judgment, the trial court noted that Gaston claimed the engine had a redhibitory vice or defect under La. C.C. art. 2520 and also alleged that Johnson was a manufacturer under La. C.C. art. 2545. The trial court rejected Johnson's contention that the problem with the truck was caused by a crushed fuel line. The court stated, "There is no evidence in the records which would lead this court to believe that the errors of the plaintiff [were] the cause of the engine's failure to perform properly. Additionally, it was established that the defendant had attempted to repair the problem on several occasions before the engine completely failed." The court awarded Gaston $4,500.00, the purchase price of the engine, $700.00 in labor, $400.00 for parts, $1,000.00 for a new block and crankshaft and $10,080.00 in lost profits for a total award of $16,680.00. The court made no mention of whether Johnson was a manufacturer under La. C.C. art. 2545, entitling Gaston to attorney fees. However, no award for attorney fees was made. Judgment was filed September 1, 1999, awarding Gaston $16,680.00 in damages, with costs and legal interest from the date of judicial demand. The defendant appealed and the plaintiff answered the appeal.
REDHIBITION AND STANDARD OF REVIEW
In this case, Johnson essentially argues that the trial court erred in finding that the engine had a redhibitory defect. It contends that any defect that existed was in the truck and not the engine. It also asserts that any defect which existed was apparent. Finally, Johnson urges that any problems with the truck were caused by the plaintiff's abuse or misuse of it. These arguments are without merit. A seller warrants the buyer against redhibitory defects or vices in the thing sold. A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed the buyer would not have bought the thing if he had known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale. La. C.C. art. 2520; Berney v. Rountree Olds-Cadillac Company, Inc., 33,388 (La. App. 2d Cir. 6/21/00), 763 So. 2d 799.
The implied warranty against redhibitory defects covers only hidden defects, not defects that were known to the buyer at the time of the sale, or defects that should have been discovered by a reasonably prudent buyer. La. C.C. art. 2521. To prevail in such a proceeding, the plaintiff must also prove that the defect existed at the time of sale, and that he afforded the seller an opportunity to repair the thing. Savannah v. Anthony's Auto Sales, Inc., 618 So. 2d 676 (La. App. 2nd Cir. 1993), writ denied, 626 So. 2d 1174 (La. 1993). However, the plaintiff does not have to prove exactly what the defect was, but rather that there was a defect in the product that existed at the time of sale. Robert v. Bayou Bernard Marine, Inc., 514 So. 2d 540 (La. App. 3rd Cir. 1987), writs denied, 515 So. 2d 1107, 1108 (La. 1987). Proof that a redhibitory defect existed at the time of sale can be made by direct or circumstantial evidence, giving rise to a reasonable inference that the defect existed at the time of the sale. Berney v. Rountree Olds- Cadillac Company, Inc., supra.
La. C.C. art. 2530 provides that if the vice has made its appearance within three days immediately following the sale, it is presumed to have existed before the sale. In all sales transactions, the seller impliedly warrants that the
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