Narrative Opinion Summary
The dismissal of the plaintiffs' complaint against American Motors Sales Corporation is reversed regarding two specific claims: (a) personal injury based on strict liability, referencing Perry v. Luby Chevrolet, Inc., and (b) breach of express warranty under the Magnuson-Moss Warranty Act, citing Gates v. Chrysler Corp. Other claims in the plaintiffs' amended complaints were properly dismissed. The appellee's defense regarding the dismissal of the warranty claim is based solely on the assertion that the plaintiff did not exhaust any informal dispute settlement procedure. However, since there is no evidence of such a procedure being in place, this defense may only be raised as an affirmative defense. The court’s decision is thus reversed in part and affirmed in part.
Legal Issues Addressed
Affirmative Defense for Lack of Informal Dispute Settlementsubscribe to see similar legal issues
Application: The appellee's defense regarding the dismissal of the warranty claim was based on the absence of exhaustion of an informal dispute settlement procedure, which can only be raised as an affirmative defense as no such procedure was evidenced.
Reasoning: The appellee's defense regarding the dismissal of the warranty claim is based solely on the assertion that the plaintiff did not exhaust any informal dispute settlement procedure. However, since there is no evidence of such a procedure being in place, this defense may only be raised as an affirmative defense.
Breach of Express Warranty under the Magnuson-Moss Warranty Actsubscribe to see similar legal issues
Application: The court found that the dismissal of the plaintiffs' claim for breach of express warranty under the Magnuson-Moss Warranty Act was improper, citing Gates v. Chrysler Corp.
Reasoning: The dismissal of the plaintiffs' complaint against American Motors Sales Corporation is reversed regarding two specific claims: (b) breach of express warranty under the Magnuson-Moss Warranty Act, citing Gates v. Chrysler Corp.
Strict Liability in Personal Injurysubscribe to see similar legal issues
Application: The court reversed the dismissal of the plaintiffs' claim for personal injury based on strict liability against American Motors Sales Corporation, aligning with the precedent set in Perry v. Luby Chevrolet, Inc.
Reasoning: The dismissal of the plaintiffs' complaint against American Motors Sales Corporation is reversed regarding two specific claims: (a) personal injury based on strict liability, referencing Perry v. Luby Chevrolet, Inc.