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Waggoner v. Town & Country Mobile Homes12/27/1990
Rehearing Denied April 2, 1991.
RICHARD L. WAGGONER AND LOIS A. WAGGONER, APPELLEES,
v.
TOWN & COUNTRY MOBILE HOMES, INC., A SUBSIDIARY OF BRIGADIER INDUSTRIES CORP., AN OKLAHOMA CORPORATION, A SUBSIDIARYOF U.S. HOMES MANUFACTURED HOUSING CORP., A NEW JERSEY CORPORATION, AND UNIVERSITY MOBILE HOMES, INC., AN OKLAHOMA CORPORATION, ET AL., APPELLANT, ANDUNIVERSITY MOBILE HOMES, INC., APPELLEE.
Certiorari to the Court of Appeals, Division No. 4.
Murphy & Murphy by Robert M. Murphy, Jr., Stillwater, for appellant.
Melissa Griner DeLacerda, Stillwater, for appellees, Waggoners.
Winfrey D. Houston, Stillwater, for appellee, University Mobile Homes, Inc.
COURT OF APPEALS OPINION VACATED; JUDGMENT OF TRIAL COURT REVERSED; CAUSE REMANDED WITH INSTRUCTIONS.
The opinion of the court was delivered by: HODGES, Judge.
This appeal presents an issue of first impression. Did the trial court err by instructing the jury on manufacturers' products liability when a design defect caused only deterioration in the product itself resulting in purely economic loss? We answer in the affirmative and hold that such a claim must be pursued as a warranty action.
There is a second issue. Did the trial court err by denying manufacturer's motion for a directed verdict on dealer's claim of malicious interference with a business relationship? We answer in the affirmative.
On June 26, 1979, Richard and Lois Waggoner (consumers) purchased a mobile home from University Mobile Homes, Inc. (dealer). Consumers chose a model manufactured by Town and Country Mobile Homes, Inc. (manufacturer), which consumers considered to be one of the "Cadillac" mobile homes. Their decision to purchase followed a visit to the factory in Texas where they talked to a representative about an energy package and other options which they eventually chose. The total purchase price was $22,850.
The first winter consumers spent in the home brought hints of problems to come. There was a rumbling noise in the roof when the wind blew and minor spotting on the ceiling tiles which consumers attributed to a leaking roof. Consumers repaired the ceiling tiles. Manufacturer installed metal "rumble strips" which were screwed to the metal roof along the length of the mobile home.
The second winter (1980-1981), the minor spotting returned. Consumers again treated the ceiling tiles with bleach and "a little white shoe polish" and again they attributed the spots to leaks in the roof. They believed the screws securing the rumble strips had caused some additional leaking. To cure this, they applied a cool-coat sealant to the roof.
When the spotting returned the third winter (1981-1982), consumers realized that leaks were not the cause of the problem. They consulted dealer who informed them that other Town and Country homes with the energy package had been experiencing similar problems. Dealer wrote to manufacturer in January, 1982, outlining these complaints.
The actual cause of the ceiling spots was the design of the home's roof which did not allow interior moisture to escape. Once outside temperatures fell below the dew point, condensation collected in the attic and dripped back, spotting the ceiling tiles.
Manufacturer responded to consumers' complaint by installing two power vents to pull air out through the roof of the mobile home to prevent condensation. Manufacturer also hired a repairman to paint the ceiling and seal the roof with cool-co
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