Gilbert v. Monaco Coach Corp.

• Decision Date: 09 March 2004
• Docket Number: No. CIV.A.1:03CV00328JEC.,CIV.A.1:03CV00328JEC.
• Citation: 352 F.Supp.2d 1323
• Parties: Teresa & Raymond GILBERT Plaintiffs, v. MONACO COACH CORPORATION Defendant.
• Court: U.S. District Court — Northern District of Georgia

352 F.Supp.2d 1323

Teresa & Raymond GILBERT Plaintiffs, v. MONACO COACH CORPORATION Defendant.

No. CIV.A.1:03CV00328JEC.

United States District Court, N.D. Georgia, Atlanta Division.

March 9, 2004.

COPYRIGHT MATERIAL OMITTED

Erik Scott Fortas, Krohn & Moss, Atlanta, GA, for Plaintiffs.

Michael David Hostetter, Mark Daniel Lefkow, Nall & Miller, Atlanta, GA, for Defendant.

ORDER

CARNES, District Judge.

This case is presently before the Court on defendant's Motion for Summary Judgment [27] AND plaintiff's Motion for Oral Argument on defendant's motion for summary judgment [29]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant's Motion for Summary Judgment [27] should be GRANTED in part and DENIED in part, AND plaintiff's Motion for Oral Argument on defendant's motion for summary judgment [29] should be DENIED.

BACKGROUND

This case arises out of plaintiffs' purchase of a recreational vehicle. Plaintiffs contend that they have experienced continuing problems with this recreational vehicle, and defendant has been unable to repair the recreational vehicle to their satisfaction. Plaintiffs have brought suit alleging claims under the Uniform Commercial Code, state warranty law, and the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301-12 (2003). Unless otherwise noted, the Court draws the undisputed facts from Defendant's Statement of Material Facts as to Which There is No Genuine Issue to Be Tried ("SMF") [27] and Plaintiffs' Statement of Material Facts in Opposition to Defendant's Motion for Summary Judgment ("PSMF") [30]. When plaintiffs have disputed a specific fact and pointed to evidence in the record that supports their version of events, the Court has viewed all evidence and factual inferences in the light most favorable to plaintiffs, as required on a defendant's motion for summary judgment. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); McCabe v. Sharrett, 12 F.3d 1558, 1560 (11th Cir.1994); Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993). When the Court could discern a material factual dispute from this pleading, the Court has made all inferences in a light most favorable to plaintiffs. Accordingly, the following facts are either not disputed or are viewed in the light most favorable to plaintiffs.

I. PURCHASING THE RECREATIONAL VEHICLE

Plaintiffs purchased a 2001 Safari¹ Serengeti Recreational Vehicle (the "RV") on June 3, 2002, from La Mesa RV Center, which is located in Arizona. (SMF at ¶ 3.) The sales contract for the RV was entered into in Arizona. (Id. at ¶ 4.) Plaintiffs took possession of the RV on June 6, 2002. (Id. at ¶ 3; PSMF at ¶ 5.) While plaintiffs purchased the RV, entered into the sales contract, and took possession of the RV in Arizona, at all times relevant, they were residents of Georgia. (PSMF at ¶ 2.)

Plaintiffs knew that they could either accept or reject the RV and chose to accept it, knowing that the vehicle had problems with the electrical system, DVD, VCR, satellite system, and the color of some doors. (SMF at ¶ 4 (citing Raymond Gilbert Dep., attach. as Ex. D to Def.'s Br. in Supp. of Mot. for Summ. J., "Def.'s Br.," [27], at 32, 26-27).) Plaintiffs maintain that they accepted the RV, knowing of these problems, but with the understanding that the dealer would repair the problems. (PSMF at ¶ 5; Raymond Gilbert Dep. [23] at 32-33.)

II. THE LIMITED WARRANTY

Plaintiffs received a limited warranty, issued by Safari Motor Coaches ("Safari"), with the purchase of the RV (the "Limited Warranty"). (SMF at ¶ 5.) The Limited Warranty "warranted that `the portions of the vehicle which Safari Motor Coaches manufactures and Safari Motor Coaches' workmanship shall be free from defect for the period beginning on the date of purchase and continuing for one (1) year from the date of purchase or twelve thousand (12,000) miles, whichever occurs first."' (SMF at ¶ 5 (quoting § 2 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27])(emphasis original).) The Limited Warranty also covers portions of the vehicle supplied by Safari. (§ 2 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27].)

The Limited Warranty expressly excluded items not manufactured or supplied by Safari, as well as "`any loss, injury, or damage to person or property resulting from any defect in the vehicle, [and]...direct, indirect, incidental, special or consequential damages of any nature...'" (Id. ¶ 6 (quoting § 6 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27]).) The Limited Warranty also excluded items installed outside the Safari factory. (§ 3 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27].) Finally, the Limited Warranty limits plaintiffs' remedy as to a warranted part to repair or replacement of the defective part. (§ 2 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27].)

III. PROBLEMS WITH THE RECREATIONAL VEHICLE

Plaintiffs have alleged problems with the waste system, exterior body, interior trim, electrical system, doors, and brakes. (Compl., attach. as Ex. A to Def.'s Br. [27], at ¶ 10.)

Four days after taking possession of the RV, plaintiffs returned it to the dealer for repairs. (PSMF at ¶ 5.) In all, plaintiffs have taken their RV to defendant's authorized dealers for repair at least seven times. (Id.) At defendant's direction, plaintiffs took the RV to Planet RV, located in Kennesaw, Georgia, for repairs. (Id. at ¶ 6.) Planet RV told plaintiffs it needed to take down the walls of the RV in order to correct the sewage odor problem. (Id.) Plaintiffs paid for the repair work performed by Planet RV; Planet RV instructed plaintiffs to seek reimbursement from defendant. (Id. at ¶ 7.) While plaintiffs contacted defendant regarding this reimbursement request, plaintiffs have not been reimbursed. (Id. at ¶ 8.)

Since filing this lawsuit, plaintiffs retained Mike Wardingley as an expert, for the purpose of confirming the problems plaintiffs had experienced with the RV and determining their causes. Plaintiffs paid Wardingley a flat fee of $178.85 for his services. (SMF at ¶ 8.) Wardingley's services did not include a full diagnosis of any problems he detected. (Id. at ¶ 9.)

Wardingley investigated the sources of the problems with plaintiffs' RV. First, he determined that the gray, rather than black, water tank was the cause of the odor in the coach. (Id. at ¶ 11.) Second, while Wardingley was unable to determine the source of the problem with the electrical switching, he did determine that there were actually two problems, as the lights failed to properly function off both the inverter and the vehicle itself. (Id. at ¶ 14; Wardingley Dep. [25] at 22.) Third, Wardingley failed to determine the source of the wandering steering problem; he said it was normal for alignment to go out over time, but he was unsure as to whether the alignment was causing the problem. (Id. at ¶¶ 17-18.) Fourth, he could not determine the source of the problems with the satellite television. (Id. at ¶ 23.) Fifth, Wardingley was unable to determine the source of leaks, although he identified the air conditioner and compressor as likely causes. (Id. at ¶¶ 27-28.) Sixth, Wardingley thought the cause of the headlights problem could be a combination of heat and water. (Id. at ¶ 30.) Seventh, he could not determine the cause of the problems with the cameras, as he is not qualified to do so. (Id. at ¶ 37.) Eighth, he was unable to determine why the hyrdo hot did not function properly. (Id. at ¶ 39.) Ninth, as to dash vibration, which defendant claims plaintiffs never complained of to the repairmen, Wardingley thought the cause could be an imbalance of the tires. (Id. at ¶¶ 44, 46-47.)

Defendant does not appear to contest the existence of some of the problems alleged by plaintiffs, instead contesting plaintiffs' chosen remedy. In other words, as to these problems, defendant maintains that the they would be relatively inexpensive to repair, making revocation of acceptance an inappropriate remedy. Specifically, while plaintiffs allege that the cargo compartment is defective, the compartment can still open and close. (Id. at ¶ 33.) Repairing this defect would cost at most $170.00. (Id. at ¶ 35.) Second, to repair the fender vibration problem alleged by plaintiffs would cost at most $700.00. (Id. at ¶ 36.) Third, the wallpaper problem alleged would cost at most $150.00 to repair. (Id. at ¶ 42.) Fourth, while defendant maintains that there is no evidence to suggest that it represented to plaintiffs that the medicine cabinet wood would match the other wood in the coach, the cost to replace the cabinet to so match would be at most $500.00. (Id. at ¶¶ 49-50.)

IV. THE PROBLEMS WITH THE RV AND THE LIMITED WARRANTY

Defendant maintains that it is not responsible for the repair of the problems with plaintiffs' RV, as there is insufficient evidence to show that the problems alleged are covered by the Limited Warranty. (Id. at ¶¶ 13, 15-16, 19, 21-22, 25-26, 27-29, 31-32, 34, 38, 40-41, 43, 45, 48, 49, 51, 52.) The Limited Warranty, as discussed supra, only covers items which Safari manufactured or supplied, as well as defects in Safari's workmanship. (Id. at ¶ 5 (quoting § 2 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27]).) Items installed outside the Safari factory are explicitly excluded from warranty coverage. (§ 3 of Limited Warranty, attach. as Ex. B to Def.'s Br. [27].)

Because of defendant's inability to properly repair the RV, plaintiffs contacted defendant, seeking to revoke their acceptance of the vehicle. (Id. at ¶ 9.) Since October 19, 2002, the day on which plaintiffs brought the RV to their Georgia home, the RV has remained parked in their driveway; plaintiffs maintain that the electrical problems render the RV unusable. (Id. at ¶ 11.) Plaintiffs contend that the sewage odor problem persists. (Id.)

DISCUSSION

I. SUMMARY JUDGMENT...