Pratt v. Himel Marine6/21/2002
In this redhibition case, defendants, Mercury Marine ("Mercury") and Himel Marine, Inc., ("Himel Marine") appeal from the judgment of the trial court incorporating the jury's verdict, assessing fault and awarding damages in favor of the plaintiff, Dr. John Paul Pratt. Mercury also appeals the trial court's denial of its peremptory exception pleading the objection of prescription. Also at issue herein is an exception of prescription filed by Himel Marine with this court, which was referred to the merits of the appeal.
On review of the merits of the case, we affirm in part, amend in part, vacate in part, and remand with instructions. We affirm the trial court's denial of Mercury's exception of prescription; and we deny Himel Marine's exception of prescription filed with this court.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
In April of 1995, Dr. Pratt purchased a pre-rigged, twenty-eight foot Grady White boat, equipped with two 1994 Mercury 225 horsepower, three liter outboard engines from Himel Marine, a certified Mercury dealer, operating in New Iberia. The purchase price was $103,405.87. Dr. Pratt, who was approaching retirement, was looking for the "ideal" retirement fishing boat.
Mercury manufactured the starboard engine in August of 1993 and sold it to Himel Marine in September of 1993. Mercury manufactured the port engine later, in January of 1994, and sold it to Himel Marine that same month. Himel Marine eventually installed the two engines on the Grady White boat, and rigged the boat with various accessories, including electronics, VHF radio with antenna, cellular antenna and electrical outlets, electric anchor windlass, life jackets, flare kit, throw ring, extinguishers, fuel filters, chain and rope, dock lines, boat fenders, antennas, depth finder, engine hour meters, carbon dioxide detector, and generator system, and sold the boat to plaintiff.
Pursuant to a service bulletin issued by Mercury, Himel Marine performed work on the starboard engine prior to its installation on the boat purchased by Dr. Pratt. Specifically, the capacitator discharge modules (CDMs) was changed, new drive seals were installed in the motor, a drill drive shaft housing was performed on the engine, new carburetors jets were placed in the engine, and a new alternator plug clamp was installed in the engine. In addition, pursuant to yet another service bulletin promulgated by Mercury, both the starboard and port engines were disassembled and repaired immediately before Dr. Pratt took delivery of the vessel. These facts were not disclosed to Dr. Pratt at the time of his purchase of the vessel.
After taking delivery of the boat, Dr. Pratt began experiencing multiple problems with different systems on the vessel, including the two Mercury engines. At the time the problems began, Dr. Pratt contacted Ray Himel, owner of Himel Marine, for advice and repair of the various problems he was experiencing with the boat and engines. Himel Marine was then referring all of its service work to Acadiana Marine, a business near New Iberia. Because Dr. Pratt continued to experience problems with the boat, and because there was no Grady White representative in the immediate area, Mr. Himel referred Dr. Pratt to Mr. Norman Pugh, who lived in LaCombe, who could more easily service the boat given the distance from plaintiff's location to Himel Marine.
Among the multitude of problems Dr. Pratt experienced were: "burnt" power heads on both engines, which required replacement; chronic overheating problems with the engines, which necessitated numerous repairs; generator problems; accessory battery problems; a failed alternator, which required replacement with a new o
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