Brown-Knight v. Just Add Gas, Inc.

Full title: DEBRA BROWN-KNIGHT v. JUST ADD GAS, INC., & XYZ INSURANCE COMPANY

Court: STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

Date published: Nov 29, 2012

Facts

On November 21, 2006, Brown-Knight went to JAG looking to purchase a large vehicle to accommodate her family. Brown-Knight and her husband, Walter Knight, test-drove a 1993 Park Avenue, a red tag special. They decided Brown-Knight would purchase the vehicle for $3,945.00, plus sales tax, title, and license, for a total of $4,369.05. Brown-Knight tendered $1,800.00 and financed the balance through the dealership, interest-free. A JAG salesman presented Brown-Knight with paperwork, and she signed all the documents.

After having several repairs made or attempted, Brown-Knight filed this lawsuit, averring that at the time of the sale, the car contained a redhibitory defect for which she was entitled to relief from JAG. JAG answered the lawsuit with a general denial. Contentious discovery disputes resulted in a finding and adjudication of JAG in constructive contempt of court by the trial court. JAG was assessed with attorney’s fees and court costs on two occasions for an aggregate total of $1,760.00.

Issue

Decision

For the foregoing reasons, we reverse that portion of the trial court’s judgment, ordering JAG to pay an aggregate sum of $1,760.00 as determined to be due and owing in accordance with the court’s May 18, 2011 judgment. We affirm that part of the trial court’s judgment awarding Brown-Knight $2,500.00, plus judicial interest from the date of judicial demand on November 16, 2007 until paid, as a reduction in the purchase price. Appeal costs are assessed equally against Debra Brown-Knight and Just Add Gas, Inc.

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