Bourne v. Rein Chrysler-Plymouth, Inc.
1984 La. App. LEXIS 10315, 463 So.2d 1356 (1984)
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Rule of Law:
A manufacturer who sells a product with redhibitory defects is presumed to know of the defects, and this act gives rise to delictual (tortious) liability, entitling the purchaser to recover all provable damages, including non-pecuniary damages for mental anguish and inconvenience.
Facts:
- On February 27, 1981, Brenda Bourne purchased a new 1981 Chrysler Cordoba automobile from Rein Chrysler-Plymouth, Inc.
- Immediately upon taking delivery, Bourne noticed the engine performed sluggishly and repeatedly stalled over the next few days.
- Within the first week of ownership, the horn began activating spontaneously and later failed entirely, interior console and door panels fell off, and improper engine timing caused the car to race uncontrollably.
- During the second week, the vinyl roof began to bubble.
- In April 1981, the air pollution pump became disconnected and drilled a hole through the metal of the car's hood.
- In late June 1981, the air conditioner malfunctioned, flooding the car's interior with water, ruining the carpet, and creating a persistent offensive odor.
- Bourne experienced embarrassment and ridicule from the dealership's service personnel during her frequent, unsuccessful attempts to have the vehicle repaired.
- Due to the numerous defects and her fear of the car's unsafe condition, Bourne stopped driving the vehicle entirely in early July 1981.
Procedural Posture:
- Chrysler Credit Corporation filed suit for executory process against Brenda Bourne, which resulted in the seizure and judicial sale of the automobile.
- Bourne subsequently filed a quanti minoris (reduction of purchase price) suit in the District Court (trial court) against the seller, Rein Chrysler-Plymouth, Inc., and the manufacturer, Chrysler Corporation.
- The District Court rendered judgment against Chrysler Corporation, awarding Bourne a refund of her payments plus additional damages for mental anguish, inconvenience, and attorney's fees.
- Chrysler Corporation, as defendant-appellant, appealed the judgment to the Court of Appeal of Louisiana, First Circuit, challenging the awards for mental anguish and attorney's fees.
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Issue:
Are damages for mental anguish and inconvenience recoverable in a quanti minoris action against a manufacturer for a product with redhibitory defects?
Opinions:
Majority - John S. Covington
Yes. A purchaser who sustains damages from a redhibitorily defective product is entitled to compensation for all provable damages, including inconvenience and mental anguish, because a manufacturer's act of selling a defective product is considered a delictual (tortious) act. The court distinguished this case from prior contract law holdings that limited non-pecuniary damages. Citing Philippe v. Browning Arms Co., the court reasoned that a manufacturer is legally presumed to know about defects in its products. Therefore, selling a defective item is not merely a breach of contract but a tortious act. This delictual liability allows recovery for all damages caused by the defect under La. C.C. art. 2315, which includes compensation for mental anguish, embarrassment, and inconvenience, provided a causal link is established.
Analysis:
This decision significantly clarifies the scope of damages available in Louisiana redhibition cases against manufacturers. By characterizing the sale of a defective product as a tort rather than a simple breach of contract, the court bypassed the traditional rule limiting non-pecuniary damages in contract disputes. This ruling empowers consumers by allowing them to recover for the emotional distress and significant inconvenience caused by a 'lemon' product, not just their economic losses. It establishes a stronger deterrent for manufacturers, holding them accountable for the full spectrum of harm their defective products may cause to a purchaser.
