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Fruehauf Corp. v. Lakeside Chevrolet Co.

Citations: 117 Cal. App. 3d 783; 173 Cal. Rptr. 55; 1981 Cal. App. LEXIS 1598Docket: Civ. 58453

Court: California Court of Appeal; April 8, 1981; California; State Appellate Court

Narrative Opinion Summary

Fruehauf Corporation appealed a declaratory judgment favoring Lakeside Chevrolet Company, which determined that Lakeside was not liable for equitable contribution or indemnity to Fruehauf. This case arose from an incident involving a trailer manufactured by Fruehauf, owned by Power Tool Supply Company, and driven by John A. Zettel, which detached and caused a vehicle accident. Fruehauf sought indemnity from Lakeside, the seller of the trailer, but Lakeside's motion for summary judgment was granted by the trial court. The court concluded that Lakeside was exempt from liability due to selling the trailer 'as is' and relying on Vehicle Code section 24007, which exempts dealers from inspection duties when selling to another dealer. The court emphasized that statutory exemptions and commercial practices permit sellers to limit liability, shifting responsibility to the purchasing dealer. Accordingly, the court affirmed the summary judgment in favor of Lakeside, aligning with principles of commercial transactions and statutory interpretations that allocate liability based on the nature of the sale and established industry norms.

Legal Issues Addressed

Exemption from Inspection Duty under Vehicle Code Section 24007

Application: The court found that Lakeside was exempt from responsibility for the trailer's condition, negating any claims of negligence or strict liability, as the Vehicle Code exempts dealers from inspection when selling to another dealer.

Reasoning: The court found that this exemption established, as a matter of law, that Lakeside bore no responsibility for the trailer's condition, negating any claims of general negligence or strict liability against it.

Indemnity and Contribution in Product Liability

Application: The court ruled that Lakeside Chevrolet Company is not liable for equitable contribution or indemnity to Fruehauf Corporation because Lakeside sold the trailer 'as is' and was exempt from inspection duties under Vehicle Code section 24007.

Reasoning: Lakeside's defense relied on the bulk sale of the trailer 'as is' and the Vehicle Code section 24007, which exempts dealers from inspection duties when selling to another dealer.

Liability Limitation through 'As Is' Sales under California Uniform Commercial Code Section 2316

Application: The sale of the trailer 'as is' limited Lakeside's liability for defects, emphasizing that buyers assume the risk regarding the quality of goods unless otherwise warranted.

Reasoning: California law allows sellers to limit liability by selling items 'as is,' as outlined in the California Uniform Commercial Code section 2316, which excludes implied warranties unless otherwise indicated.

Shift of Liability upon Dealer's Purchase for Resale

Application: Liability for defects shifts from the seller to the purchasing dealer when a vehicle is sold 'as is' for resale, as the purchasing dealer is responsible for ensuring compliance with legal requirements.

Reasoning: A vehicle sold to another dealer is not subject to liability for defects, as the purchasing dealer must ensure compliance with Vehicle Code section 24007 before selling to consumers.