Waddell v. L.v.R.v. Inc.

125 P.3d 1160 (2006)

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Nature of the Case

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Facts

Ps were interested in a new R.V. Ps test-drove and eventually agreed to purchase an RV and an extended warranty. Before they took possession of the RV, they requested that D perform various repairs. The request included a service on the RV's engine cooling system, new batteries, and alignment of the door frames. P's told D that the repairs had been performed as requested. TP took delivery on September 1, 1997. Problems started from the very beginning. The entry door popped open and the RV's engine overheated while ascending a moderate grade to such a degree that P had to pull over to the side of the road and wait for the engine to cool down. Ps took it back to D for repairs. It continually experienced problems. The RV spent a total of 213 days, or seven months and one day, at the dealer's service department during the 18 months immediately following the purchase. D gave up and asked to return the unit for a full refund. Ps eventually filed a complaint seeking both equitable relief and money damages. D answered and filed a third-party complaint against Coachmen seeking equitable indemnification and contribution. The district court concluded that the nonconformities substantially impaired the value of the RV to Ps. Ps were allowed to revoke their acceptance. The court ordered D to return all of P's out-of-pocket expenses but concluded that D was not entitled to indemnification from Coachmen. Ps were awarded $15,000 in attorney fees. D appealed.