Plaintiffs brought suit pursuant to the Magnuson Moss Warranty Act alleging that their vehicle was defective at the time of purchase, in violation of both the express warranty and the implied warranty of merchantability.
Specifically, plaintiffs presented evidence of multiple transmission repairs, brake repairs and other non-conformities.
The defense contended that the vehicle was not defective at the time of manufacture and that it had not breached its express or implied warranties. Instead, the defense argued that plaintiffs’ experience with the vehicle were a result of commercial use and that all problems were repaired pursuant to the warranty within a reasonable number of attempts.
The jury returned a verdict in favor of the defense.