Johnson Construction Co. v. Shaffer
87 So. 3d 203
La. Ct. App.2012Background
- Dispute over existence of oral contract for repairs and price between Johnson Construction and Shaffer for a 1979 Ford dump truck.
- March 2007: Johnson brings truck and trailer to Shaffer; initial repairs made and paid for, but problems persist.
- Second visit: repairs claimed again; Johnson pays the bill;
- July 2007: third visit; Johnson leaves truck and trailer; Shaffer invoices $5,863.49 though Johnson believed $1,000 was the agreed price.
- Johnson offers to settle for $2,480 (initial $1,000 plus parts and shipping); Shaffer does not respond and withholds release of truck/trailer.
- Trial court awards LUTPA damages and attorney fees to Johnson; Shaffer is awarded $1,000 for initial estimate and trailer release order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did an oral contract exist for the repair price? | Johnson claims a verbal $1,000 agreement. | Shaffer contends no agreed price beyond the full invoice. | Trial court’s finding of a $1,000 agreement upheld. |
| Was Shaffer entitled to full invoice and storage fees? | Agreement limited liability; no storage obligation if price honored. | Full invoice and storage fees justified. | No storage fees awarded; full invoice not recovered due to $1,000 agreement. |
| Did Shaffer's retention of Johnson's trailer constitute unfair trade practices? | Trailer retention without work was deceptive and unlawful. | No unlawful retention admitted. | Shaffer’s retention deemed unfair trade practice under LUTPA. |
| Were damages under LUTPA properly awarded( or capped)? | Damages reflect loss from unfair practice; triple damages possible if knowing misuse. | Value of loss not precisely proven; limitations on damages. | Court awarded $8,500 general damages under LUTPA; reasonable given duration of retention. |
| Were attorney fees under LUTPA properly awarded? | Johnson incurred legal work; fees appropriate. | Fees should reflect actual litigation costs. | Trial court’s $750 attorney fee affirmed. |
Key Cases Cited
- Red River International, Inc. v. Pierce, 26 So.3d 196 (La.App.2d Cir. 2009) (applies standard of review for contract existence on conflicting testimony)
- Menard v. Lafayette Ins. Co., 31 So.3d 996 (La. 2010) (factfinder credibility given deference; verdict not clearly wrong)
- Johnson v. City of Shreveport, 56 So.3d 1059 (La.App.2d Cir. 2010) (credibility determinations upheld when witnesses conflict)
- Smith v. Dishman & Bennett Speciality Co., 805 So.2d 1220 (La.App.2d Cir. 2002) (proof of oral contract requires corroborating circumstances)
- Berg Mechanical, Inc. v. Berg Mechanical, Inc., 653 So.2d 158 (La.App.2d Cir. 1995) (unfair trade practices; conduct must offend public policy)
- Slayton v. Davis, 901 So.2d 1246 (La.App.3d Cir. 2005) (wrongful seizure of a vehicle as unfair trade practice)
- Van-Trow Olds Cadillac, Inc. v. Kahn, 345 So.2d 991 (La.App.2d Cir. 1977) (repairman’s privilege applicable only where work performed)