Hyler v. Garner

• Decision Date: 22 May 1996
• Docket Number: No. 94-1508,94-1508
• Citation: 548 N.W.2d 864
• Parties: James HYLER and Bonnie Hyler, Appellees, v. Ed GARNER and Ed Garner's Autorama RV Center, Inc., Appellants.
• Court: Iowa Supreme Court

Page 864

548 N.W.2d 864

James HYLER and Bonnie Hyler, Appellees, v. Ed GARNER and Ed Garner's Autorama RV Center, Inc., Appellants.

No. 94-1508.

Supreme Court of Iowa.

May 22, 1996.

As Amended on Denial of Rehearings

June 14, 1996.

Kevin W. Techau of Grefe & Sidney, P.L.C., Des Moines, for appellant.

John R. Hearn, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and CARTER, NEUMAN, SNELL, and TERNUS, JJ.

TERNUS, Justice.

Appellees, James and Bonnie Hyler, purchased a motor home from appellant, Ed Garner's Autorama RV Center, Inc. (Autorama). The Hylers subsequently sued to rescind the purchase agreement based on misrepresentations made by Autorama to induce the Hylers to buy the motor home. They also sought consequential damages and attorney fees under the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act. See 15 U.S.C. §§ 2301-2312 (1982). The trial court granted the requested relief from Autorama and its president, appellant Ed Garner. Autorama and Garner appeal. ¹ We affirm and remand for the determination of a reasonable attorney fee for the Hyler's defense of this appeal.

I. Background Facts and Proceedings.

At the time of trial, James (Jim) Hyler was a fifty-five-year-old man who had injured his back at work, resulting in right leg numbness. He received social security disability payments, workers' compensation benefits and pension benefits. For many years he and his wife had enjoyed traveling with a camping trailer they pulled behind their Suburban. Due to his back injury, however, Jim could not hook up the trailer. So, the Hylers decided to purchase a recreational vehicle.

After seeing a television advertisement for Autorama, the Hylers visited with a salesman there and looked at several display models. The Hylers explained to the salesman they wanted a motor home that Jim could drive and maintain within the limitations imposed by his disability. They were particularly concerned about having an adequate warranty so Jim would not be burdened with maintenance. Following several conversations with the salesman, the Hylers decided in July 1992, to purchase a 1992 Lexington Mallard recreational vehicle. They paid $62,115 for the motor home, less a trade-in allowance of $16,000 for their Suburban and trailer.

The motor home purchased by the Hylers came with three warranties. The chassis manufacturer warranted the chassis, the diesel engine was warranted by its manufacturer and the coach was warranted by the motor home manufacturer, Mallard. ² Autorama made no written warranty and disclaimed all implied warranties.

Over the next year, the Hylers experienced numerous problems with the motor home. Autorama contested the severity of these problems at trial, but did not dispute their occurrence. The problems occurring between late July 1992, and early July 1993, included many loose components such as the shifting console, television stand, air conditioner, batten strips, defroster vent and dinette arm. Autorama fixed these problems by using new screws, longer screws or rivets instead of screws. Autorama also had to reweld the left front bumper bracket because the original weld broke. Screws were missing in a parking light, the shower door fell off, the windows would not shut tight, the generator door would not stay closed, the spring for the seat swivel fell off, the fuel tank leaked and the entry door stuck. Autorama repaired these items with the exception of the seat spring which Jim replaced, the windows which the Hylers' son repaired, and the gas tank leak which was repaired by a representative of the chassis manufacturer. During the first year of use, the windshield wipers required a new motor and the battery had to be replaced. Autorama replaced the wiper motor, but Jim had to locate a new battery for which Autorama reimbursed him. In addition, the outside lights failed once, the temperature gauge did not work properly, and the charging system failed due to bad wire connections, problems corrected by Autorama.

Three problems recurred during the year: the side walls separated from the floor in several places, air leaked across the dash, and the windshield seal loosened to the point the windshield began to fall out. The dash separation was so severe that the road was visible and the Hylers could not drive the motor home at night because too many bugs came through the opening. Despite numerous attempts to repair these problems, they continued to exist.

Garner testified that the problems experienced by the Hylers "were nothing out of the ordinary and were quite usual things that you would run into with a motor home." He also said the number of problems with the Hylers' motor home was low compared to other motor homes Autorama sells.

The written warranty from the manufacturer stated that if the buyer did not receive satisfactory warranty service from the dealer, the buyer was invited to contact the manufacturer. After the Hylers noticed the side walls separating from the floor, they attempted to call Mallard. They discovered that the manufacturer had ceased operations and filed a petition for bankruptcy in May 1992, two months prior to the date the Hylers purchased their vehicle.

The Hylers' attorney wrote to Garner in June 1993, rescinding the purchase contract and tendering the motor home. A few days later, Autorama's attorney responded on behalf of Autorama, denying the request for rescission and refusing the tender of the motor home.

In early July 1993, on the third occasion of the windshield separating from its housing, Jim called Autorama and asked Autorama to pick up the motor home to repair the windshield. Autorama did so. When Jim went to Autorama to obtain the motor home, Autorama refused to release it unless the Hylers signed a form acknowledging that Autorama had complied with all warranties and releasing Autorama from any further warranty liability. (The one-year manufacturer's warranty had not yet expired.) Jim Hyler told Garner that Autorama could keep the motor home.

The Hylers then filed this lawsuit against Garner and Autorama. Prior to trial, the parties stipulated that except for their claim under the Magnuson-Moss Act, the case was one in equity for rescission. The Hylers' claim for rescission was based on alternative theories: (1) breach of express warranties; (2) breach of implied warranties; (3) misrepresentation; (4) mistake; and (5) mutual rescission. After a bench trial, the district court ruled in the Hylers' favor on all issues. The court ordered Autorama to return the consideration paid by the Hylers for the motor home and the Hylers to transfer the certificate of title to Autorama. In addition, the court awarded the Hylers attorney fees and consequential damages under the Magnuson-Moss Act. Garner and Autorama appealed the judgment.

II. Admission of Expert Testimony.

The Hylers relied on the expert opinion testimony of Merle Hardy. The trial court permitted this testimony over Autorama's challenge that Hardy lacked the qualifications to testify as an expert witness in the field of motor home construction.

Iowa Rule of Evidence 702 provides the standard for admission of expert testimony:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.

Iowa R.Evid. 702 (emphasis added). We are "committed to a liberal rule on admissibility of opinion testimony." Wick v. Henderson, 485 N.W.2d 645, 648 (Iowa 1992); accord Hutchison v. American Family Mut. Ins. Co., 514 N.W.2d 882, 885 (Iowa 1994).

A witness' ability to testify as an expert is determined in reference to the topic under examination. In re O'Neal, 303 N.W.2d 414, 420 (Iowa 1981). The witness must be qualified to answer the particular question propounded. Wick, 485 N.W.2d at 648. Whether a witness is sufficiently qualified to testify as an expert is within the court's discretion. Tappe v. Iowa Methodist Medical Ctr., 477 N.W.2d 396, 402 (Iowa 1991); Ganrud v. Smith, 206 N.W.2d 311, 314 (Iowa 1973). Thus, we reverse only for a manifest abuse of discretion to the prejudice of the complaining party. Tappe, 477 N.W.2d at 402; Ganrud, 206 N.W.2d at 314.

Autorama claims that Hardy was not qualified to offer testimony on the quality of the motor home's construction, whether the repairs had properly been made, or whether the number or quality of repairs made during the first year were out of the ordinary. Hardy testified that the motor home suffered from numerous defective welds and displayed a haphazard selection of construction materials. These problems, according to Hardy, resulted in undue structural movement, creating excessive stress on the coach and causing many of the problems encountered by the Hylers. Hardy also criticized the manufacturer's use of foam to seal cracks, stating that a more permanent method, such as mechanically binding the cracks, should have been employed. Hardy testified he did not know if the problems experienced by the Hylers were typical of a new Mallard recreational vehicle.

The record shows that since 1929, Hardy has been a journeyman mechanic, welder and machinist, and an experienced motor vehicle repairman. He has taught welding and mechanics for the federal government. Hardy also served as a quality control manager and supervisor during World War II in an industry that manufactured trucks, tanks, and other machinery. Hardy frequently serves as a consultant in cases involving vehicles and other machines. Although he has not consulted on a case involving a motor home since 1980, Hardy has disassembled an entire Winnebago recreational vehicle. In addition, he spent thirty to thirty-five hours inspecting and examining the Hylers' motor home. Hardy testified that the principles he applied in evaluating the Mallard motor...