Zylstra v. DRV, LLC

Federal 7th Circuit Court
Civil Court
Magnuson-Moss Act
Citation
Case Number: 
No. 20-1949
Decision Date: 
August 10, 2021
Federal District: 
N.D. Ind., Ft. Wayne Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-manufacturer’s motion for summary judgment in action by plaintiff-purchaser of recreational vehicle, alleging that defendant breached express and implied warranties under state law, as well as violated federal Magnuson-Moss Act, where defendant’s recreational vehicle had multiple defects. In order to make claim of breach of express warranty, purchaser must give warrantor reasonable opportunity to repair defects, and under Indiana law, purchaser must give warrantor more than two opportunities to repair defects. However, in instant case, although plaintiffs identified over 11 minor and major defects, record showed that plaintiff never allowed defendant more than two opportunities to repair said defects. Fact that recreational vehicle was out of service for total of 230 days did not require different result, where Ct. found that time that recreational vehicle spent in repair was not so excessive that warranty failed of its essential purpose.