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Naquin v. Forest River Inc.

United States District Court, W.D. Louisiana, Alexandria Division

May 16, 2018

ELDON NAQUIN, ET AL., Plaintiffs
v.
FOREST RIVER, INC., ET AL., Defendants

          DRELL, JUDGE

          REPORT AND RECOMMENDATION

          Joseph H.L. Perez-Montes United States Magistrate Judge

         Before 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.

         I. Background

         On 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.[1] (Doc. 1). Plaintiffs seek monetary damages, rescission of the sales contract, interest, attorney's fees, and costs. (Doc. 1).

         The 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).

         Plaintiffs assert the defective conditions include, but are not limited to:

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 apart;
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 warranty work;
h. plywood showing under the slide out; and
i. new entry door locks had to be requested.

(Doc. 1).

         Plaintiffs 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 replaced;
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 battery service;
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 threads;
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 ...

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