Lovell v. Blazer Boats, Inc.
104 So. 3d 549
La. Ct. App.2012Background
- Plaintiff purchased a used 2004 Blazer Bay boat, motor, and trailer for $26,500 in 2005 and later discovered stress cracks.
- Blazer repaired the vessel in 2005–2006 and again in 2008, but cracks reappeared and a hole allowing water ingress appeared on the stern.
- In October 2006 Blazer manufactured a new hull and cap, but subsequent use still produced problems with cracks.
- Plaintiff filed suit on February 12, 2009 asserting redhibition, breach of warranty, negligence, and fraud, and the trial court rescinded the sale with a value of $21,500 and awarded limited preservation costs and attorney’s fees.
- On appeal, the court amended the judgment to reduce the use credit from $19,500 to $10,000 and awarded an additional $2,000 in attorney’s fees for the appeal.
- The court discussed nonpecuniary damages, lost profits, preservation costs, and potential fraud/breach issues in its analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for use of defective boat | Lovell asserts full use credit was improper given defect and repairs. | Blazer is entitled to use credit for buyer’s use, even with defects, and the amount should reflect defect impact. | Use credit reduced to $10,000 (not $19,500). |
| Nonpecuniary damages for redhibition | Nonpecuniary damages are recoverable under Article 2545/1998 given consumer interests. | Boat purchase was primarily pecuniary; no clear nonpecuniary damages proven. | Assignment of error preserved; court affirmed lack of nonpecuniary damages. |
| Lost profits/loss of income | Lovell claimed lost charter income due to boat issues. | Evidence insufficient or speculative; plaintiff failed to prove lost profits with reasonable certainty. | No manifest error; lost profits not awarded. |
| Costs/preservation of the boat | Storage costs since 2008 totaled far more than $150. | Only documented invoice supports preservation cost; credibility for storage costs is limited. | Preservation costs affirmed at $150; not increased. |
| Attorney’s fees | Trial fees were between $8,000–$9,000; should be higher. | Trial court has discretion; $5,000 reasonable given result. | Affirmed trial court’s $5,000 and awarded additional $2,000 on appeal. |
Key Cases Cited
- Aucoin v. Southern Quality Homes, LLC, 984 So.2d 685 (La. 2008) (buyer may recover directly from manufacturer for redhibition breach)
- Young v. Ford Motor Co., Inc., 595 So.2d 1123 (La.1992) (presumption of knowledge; nonpecuniary damages depend on contract purpose)
- Jones v. Winnebago Industries, Inc., 92 So.3d 1113 (La.App.2 Cir. 2012) (nonpecuniary damages in RV context; primary purpose is transport)
- Breaux v. Winnebago Industries, Inc., 282 So.2d 768 (La.App.1 Cir.1973) (credit for use should not equal nondefective vehicle value)
- Chenniliaro v. Kaufman & Broad Home Systems of Louisiana, Inc., 636 So.2d 246 (La.App.1 Cir.1994) (credibility and use-value determinations by trial court)