United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
the Court is a Motion to Dismiss under Fed.R.Civ.P. 12(b)(6),
filed by Defendants Forest River, Inc. (“Forest
River”) and Camping World RV Sales, LLC (“Camping
World”) (“Defendants”). (Doc. 5).
Plaintiffs Eldon Naquin and Elaine Naquin
(“Plaintiffs”) oppose the motion. (Doc. 9).
Defendants' Motion to Dismiss (Doc. 5) should be GRANTED
IN PART and DENIED IN PART. Specifically, because Defendants
have shown a valid written limited warranty, Defendants'
motion should be granted as to Plaintiffs' claims against
Forest River for breach of express warranty under the
Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C.
§ 2301, et seq. And because Defendants have not
sufficiently shown the waivers of implied warranty or
redhibition are valid under Louisiana law, Defendants'
motion should be denied as to Plaintiffs' claims against
Forest River and Camping World for breach of implied warranty
under the MMWA and Louisiana redhibition laws.
October 13, 2017, Plaintiffs filed a Complaint against
Defendants alleging violations of the MMWA, and for
supplemental state claims for redhibition under Louisiana
Civil Code Articles 2520, et seq., and negligent
repair. (Doc. 1). Plaintiffs seek monetary
damages, rescission of the sales contract, interest,
attorney's fees, and costs. (Doc. 1).
dispute arises from the Plaintiffs' purchase on March 25,
2016 of a new 2016 Forest River 360DS Georgetown XL Class A
motor home (“motor home”) from Camping World in
Lafayette, Louisiana. (Doc. 1). Forest River manufactured and
constructed the motor home, assembled the component parts,
and sold the motor home to Camping World. (Doc. 5-1). The
sales price of the motor home was $159, 785.00. (Doc. 1).
Plaintiffs allege a sales contract was presented to them and
executed at the dealership in Lafayette, Louisiana. (Doc. 1).
assert the defective conditions include, but are not limited
a. power jack repaired for oil leaks;
b. entire motor home floor required regrouting;
c. scratches on countertop required buffing out; large slide
out never worked right, always in a bind, and broke the smoke
detector on ceiling;
d. sewerage dump valves were later found broken and both
sewer tanks had shifted causing plumbing to shift and break
e. windshield automatic shade broke, the shade next to the
driver broke, and the shade on top of sofa broke;
f. purchased with scuffed leather sofa and foot print at
purchase that would not come off, red and blue ink on the
captain's chair, Camping World said they would order a
new sofa and chair and never did;
g. leak found on the top of the large slide out after
h. plywood showing under the slide out; and
i. new entry door locks had to be requested.
also assert the following dealer repairs:
a. front bathroom vent cracked and lid broken and repaired,
and replaced vent hood;
b. light hanging out of rear bathroom ceiling repaired and
c. passenger door out of adjustment, hitting top of frame;
d. double slide maintenance and adjustment on two rooms;
e. A/C service, generator service, refrigerator maintenance
f. water heater anode rod needs replacement; spot sealed all
four roof corners;
g. high pressure hose on power steering leaking;
h. smoke detector broken off when closing slide and mounting
tabs on back of detector cracked requiring replacement;
i. keys ordered to outside compartment; j. cut out broken
sewer Y and replumb the dump valves broken off at the Y in
the water compartment;
k. entry door struts pulled out of ends and tripped the
l. windshield shade is the wrong roll style and side shades
are pushing against the windshield shade, and kit to fix
shade brackets ordered and installed; m. roller spring on
shade behind driver seat broken and spring assembly replaced;
n. living room slide fascia had water damage at bottom;
o. wood under slide repainted;
p. living room slide on driver side goes out ...