Jones v. Winnebago Industries, Inc.
92 So. 3d 1113
La. Ct. App.2012Background
- Plaintiffs Loren and Stephanie Jones purchased a new 2008 Winnebago Destination from Stevens RV Center for $189,667.60 in Feb 2008, financed for 20 years.
- RV suffered numerous defects from purchase; in its first year it was out of service for 242 days and logged only 10,500 miles by trial.
- Early March 2008 the RV was returned to Stevens RV Center for defects, including fuel-door latch and water intrusion; repairs under Winnebago warranty.
- Jardell, Stevens RV Center’s service manager, communicated warranty concerns to Winnebago and sought accommodations, including a hotel allowance for plaintiffs.
- By 2010–2011, plaintiffs experienced major and minor defects (e.g., slide-out failures, leaks, brake-lever issue, circuit-board failures) prompting suit and jury verdict for rescission.
- Trial court awarded rescission, disposition of purchase price and ancillary amounts; both sides appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of redhibitory defects | Jones alleges multiple defects render RV redhibitory. | Winnebago argues defects do not warrant rescission. | Jury’s redhibitory finding supported; rescission affirmed. |
| JNOV/new trial | Winnebago erred in denying JNOV/new trial. | Record supports jury verdict; no manifest error. | Trial court did not err; JNOV/new trial denied. |
| Damages and attorney fees | Entitled to purchase price, interest, and related costs; fees justified. | Credit for use and fee amount contested. | Judgment awarding return of price, interest, insurance, and reasonable fees affirmed. |
| Nonpecuniary damages | Entitled to nonpecuniary damages under La. C.C. art. 1998. | No entitlement; contract primarily pecuniary. | denial of nonpecuniary damages affirmed. |
Key Cases Cited
- Berney v. Rountree Olds-Cadillac Co., 763 So.2d 799 (La.App.2d Cir. 2000) (multiple minor defects can support redhibition when overall defects render item unfit)
- Young v. Ford Motor Co., Inc., 595 So.2d 1123 (La. 1992) (nonpecuniary damages in mixed pecuniary/nonpecuniary contracts; factors for analysis)
- Aucoin v. Southern Quality Homes, LLC, 984 So.2d 685 (La. 2008) (manufacturer presumed knowledge; damages include price, interest, and preservation costs)