As Corrected February 20, 2015.
Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 2013-2572. Honorable H. Stephens Winters, Judge.
ELIZABETH C. BROWN, Counsel for Appellants.
BERNARD, CASSISA, ELLIOTT & DAVIS, By: Robert W. Maxwell Jeffrey G. LaGarde, Counsel for Appellees.
Before CARAWAY, MOORE and GARRETT, JJ.
[49,574 La.App. 2 Cir. 1]
One of the plaintiffs, David Leija, appeals a judgment sustaining Ford Motor Company's and Hixson Autoplex of Monroe's exceptions of prescription and dismissing his redhibition claim. We affirm.
Factual and Procedural Background
According to the petition, Barnaby Martinez bought a truck, a 2004 Ford F-250 4x4 crew cab, with an enhanced engine, a Harley-Davidson Special Edition Powerstroke Diesel, in March 2005. In 2008, he " started having problems" with the engine in that it would " surge to high rpms" and he would have to stomp on the brake with both feet to prevent it from lurching into other vehicles. He asked his brother-in-law, David Leija, who is also a part-time mechanic, to take it to a Ford dealer. Leija took it to Hixson in July 2008.
At that time, Hixson replaced the EGR valve and injector and told Leija the problem was fixed. Some 5,000 miles later, however, the same problem resurfaced. Martinez brought the truck back to Hixson several times; they told him the warranty would take care of it. According to the petition, Hixson kept the truck for days or weeks at a time, and once kept it for a month. Martinez got irritated with all this and sold the truck to Leija in May 2011. Again according to the petition, Leija " was familiar with the problems the vehicle had been having[.]" Leija testified by affidavit that in February 2012, the people at Hixson told him they " could not fix the problem," and he last took the truck there in June 2012. At that time, they told him the truck was now out of warranty and that repairs would cost about $3,000. This was the final time Leija or Martinez presented the truck to [49,574 La.App. 2 Cir. 2] Hixson for repairs.
Even though Martinez no longer owned the truck, on September 17, 2012, his lawyer wrote a letter to Ford Motor Credit, outlining the problems and demanding repairs. The letter concluded that unless he heard from Ford Motor Credit within 10 days, " we will have no alternative but to proceed with legal action."  Ford Motor Company's counsel responded on October 25, 2012, asking for specific documentation (current vehicle registration, repair orders, etc.), whereupon " a review of your client's claim will begin," and advising that under " your state's lemon law," Ford must be given the ...