Mathews v. REV Recreation Group, Inc.

Federal 7th Circuit Court
Civil Court
Warranty
Citation
Case Number: 
No. 18-1982
Decision Date: 
July 26, 2019
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 plaintiffs-purchasers of recreational vehicle (RV) manufactured by defendant, alleging that defendant breached express and implied warranties issued by defendant on said RV, after RV experienced series of mechanical problems shortly after plaintiffs took possession of RV. Record showed that: (1) RV experienced problems with its slide cable, TV, and DVD, which were initially fixed, but then experienced more problems with said items; (2) RV subsequently experienced problems with its air conditioning unit, main slide and scaling tape; and (3) at some point, plaintiffs asked defendant to buy back RV, but defendant declined and instead promised to repair issues pursuant to its warranty. As such, Dist. Ct. could properly find that plaintiffs failed to show that defendant did not honor its warranties where: (1) although instant RV experienced numerous problems, defendant repaired all mechanical issues brought to its attention during warranty period; and (2) plaintiffs failed to give defendant opportunity to repair mechanical issues that occurred after defendant’s last tender of repaired RV back to plaintiffs. Moreover, because defendant had only two chances to fix certain mechanical problems, plaintiffs could not show under Indiana law that express warranty failed of its essential purpose.