Winnebago Indus., Inc. v. Simpson

354 Ga.App. 439

841 S.E.2d 36

WINNEBAGO INDUSTRIES, INC.

v.SIMPSON et al.

A19A2219

Court of Appeals of Georgia.

March 12, 2020

Carlock Copeland & Stair, Mark Lefkow, Atlanta, for Appellant.

The Zeigler Firm, Tashia Monique Zeigler, Atlanta, for Appellee.

Coomer, Judge.

This dispute arises out of the purchase of a motor home and the application of OCGA § 10-1-780 et seq., the ‘‘Georgia Lemon Law,’’ in connection with said purchase. Winnebago Industries, Inc. ("Winnebago"), appeals the trial court's orders denying its motion for summary judgment and granting final judgment in favor of James and Stuart-Lynn Simpson (collectively, the "Simpsons") following a bench trial. Winnebago contends the trial court erred in denying its motion for summary judgment and awarding relief to the Simpsons because it was not the manufacturer of the malfunctioning parts of the motor home and thus it could not be liable under OCGA § 10-1-782 (14), (15). Winnebago also argues the trial court erred in awarding the Simpsons a replacement motor home because the sealant failures were the result of natural deterioration and the Simpsons’ failure to properly maintain the motor home. Winnebago challenges the trial court's factual finding that the sealant failures were covered by warranty, that the repair attempts were unsuccessful, that the sealant failures constituted defects, and that the motor home was out of service for more than 30 days on account of nonconformities. Lastly, Winnebago argues the trial court erred in awarding the Simpsons attorney fees because the conditions under OCGA § 10-1-786 (e) were not satisfied and the Simpsons failed to prove the reasonableness of their fees. For the reasons that follow, we affirm.

We apply a de novo standard of review to any questions of law decided by the trial court; factual findings made after a bench trial shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of witnesses.

ALA Constr. Svcs. v. Controlled Access , 351 Ga. App. 841, 841-842, 833 S.E.2d 570 (2019) (citation and punctuation omitted). So viewed, the record shows that on or about July 8, 2014, the Simpsons purchased a 2014 Itasca Meridian IKP 36M motor home (the "motor home") from Camping World, an authorized dealer for Winnebago. The motor home was manufactured by Winnebago and Freightliner Custom Chassis, Inc. ("Freightliner"). Freightliner supplied the chassis, but Winnebago assembled the motor home by adding the dashboard, driver and passenger seats, windshield, and windows, and by applying the sealant during the end-stage of production.

After completing a test drive of the motor home on July 8, 2014, when James attempted to step out of the motor home from the driver's seat, water poured in from overhead into Stuart-Lynn's lap and onto the dash. The Simpsons reported the leak to the service manager and were told it would be taken care of. The Simpsons spoke with the salesman who told them that there had been a big rainstorm shortly before they arrived and that it was possible water got into the vehicle when the awning was retracted. The Simpsons went through with the purchase of the motor home believing the leak issue would be taken care of, but they did not take possession of the motor home until July 16, 2014, because it was being repaired and prepped for delivery.

After taking delivery of the motor home, the Simpsons took it on a trip where they experienced water leaking into the motor home on the driver's side around the window. After several occasions of water leaking into the motor home, the Simpsons submitted the motor home for repairs to Camping World in December 2014. After the leak repairs in December 2014, the motor home continued to experience leaks on the driver's side in the window over the dash. In December 2015, the Simpsons took the motor home back to Camping World with complaints of water leaking. After the motor home underwent repairs, water continued to leak into the motor home in the same area. The Simpsons took the motor home in for repairs in February 2016 and complained of water getting into the coach from above the driver's side window. The Simpsons provided photographs and a video of the leak in e-mails to the service repair technicians. The motor home continued to experience water leaks in the same area within two months of the February 2016 repairs. The Simpsons did not incur any out-of-pocket costs in relation to the sealants on the motor home.

In April 2016, the Simpsons submitted a Final Repair Opportunity Notice to Winnebago via certified mail. In response to the notice, Winnebago asked if the Simpsons would deliver the motor home to Camping World where it would be driven to Iowa to repair the leak. While in the Iowa factory, technicians working on the motor home expressed difficulty in getting the sealant to adhere to the motor home's fiberglass. Some time after the final repairs were completed, the Simpsons continued to experience leaking in the same area of the motor home as before. On March 14, 2017, the Simpsons submitted a request to Winnebago for the motor home to be repurchased or replaced. Winnebago did not repurchase or replace the motor home.

The Simpsons filed an application under the Georgia Lemon Law state-operated arbitration program in May 2017. Following a hearing, a panel of three arbiters decided in favor of the Simpsons. Winnebago appealed the arbiters’ decision to the superior court pursuant to OCGA § 10-1-787 (a). In January 2018, Winnebago filed a motion for summary judgment, which the trial court denied in two identical orders filed on June 25, 2018 and August 1, 2018. On December 12, 2018, the parties appeared for a bench trial in superior court regarding Winnebago's appeal of the arbiters’ decision. The trial court entered a final judgment in favor of the Simpsons on January 15, 2019. The Simpsons remain in possession of the motor home but have not used it since May 2017. This appeal followed.

1. Winnebago argues the trial court erred in denying its motion for summary judgment and later awarding relief in favor of the Simpsons because the parts of the motor home where failures occurred were not parts of a motor home that are covered under the Georgia Lemon Law. More specifically, Winnebago contends that in its orders denying Winnebago's motion for summary judgment and entering a final judgment, the trial court ignored the statutory language of the Georgia Lemon Law and instead created new standards for liability of manufacturers that are contrary to said law. We disagree.

In reviewing the grant or denial of a motion for summary judgment, we apply a de novo standard of review, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

Edwards v. Moore , 351 Ga. App. 147, 147, 830 S.E.2d 494 (2019) (citation omitted). Additionally,

[w]hen we consider the meaning of a statute, we must presume that the General Assembly meant what it said and said what it meant. To that end, we must afford the statutory text its plain and ordinary meaning, we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would. ... [I]f the statutory text is clear and unambiguous, we attribute to the statute its plain meaning, and our search for statutory meaning is at an end.

Deal v. Coleman , 294 Ga. 170, 172-173 (1) (a), 751 S.E.2d 337 (2013) (citations and punctuation omitted). With these guiding principles in mind, under the Georgia Lemon Law, the term "new motor vehicle" means

any self-propelled vehicle primarily designed for the transportation of persons or property over the public highways that was leased, purchased, or registered in this state by the consumer or lessor to whom the original motor vehicle title was issued without previously having been issued to any person other than a new motor vehicle dealer. ... If a new motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis , but does not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space.

OCGA § 10-1-782 (15) (emphasis supplied). The term "manufacturer" means "any person engaged in the business of constructing or assembling new motor vehicles [.]" OCGA § 10-1-782 (14) (emphasis supplied).

Winnebago contends the trial court's application of OCGA § 10-1-782 (15) to the location of the water leaks complained about by the Simpsons — that is, the driver's side window, windshield, and above the driver's seat — is erroneous because the leaks did not originate in the "chassis or self-propelled vehicle." While the statute does not define the term "self-propelled vehicle" specifically, Georgia's Attorney General's promulgated administrative rules provide additional guidance and describe the term "motor home" to mean

the self-propelled vehicle and chassis, including but not limited to the vehicle exterior, driver and passenger compartments, and parts and components identical or similar in function to those found on any other new motor vehicle as defined at OCGA § 10-1-782 (15), but shall not include those portions of the vehicle designated, used, or maintained primarily as living quarters, office, or commercial space.

Ga. Comp. R. & Regs. r. 60-2-1-.02 (11). See also Lane v. Williams Plant Svcs. , 330 Ga. App. 416, 416-417, 766 S.E.2d 482 (2014) ("Where statutory provisions are ambiguous, courts should give great weight to the interpretation adopted by the administrative agency charged with...