Skip to main content
A Better Partnership
August 08, 2013

COA holds that dissatisfied customer failed to produce evidence of breach of warranties

In <em><a href="" target="_blank">Gorman v American Honda Motor Company Inc.</a></em>, the Michigan Court of Appeals affirmed summary disposition in favor of a car dealership and car manufacturer because the plaintiff failed to produce any evidence supporting her breach of warranty claims.  The undisputed evidenced showed that the dealership and car manufacturer fixed all problems that were brought to their attention within the car’s warranty period, and that the car was returned to the plaintiff without further complaint.  The court held that the plaintiff could not rely on post-warranty repair history because there was no causal link between the post-warranty repairs and any defect that was brought to the defendants’ attention during the warranty period.  Plaintiff also could not rely on an unsigned, unsworn affidavit by a putative expert because the court may not consider unsworn affidavits on a motion for summary disposition.  The COA also affirmed summary disposition on the plaintiff’s claim of “breach of the obligation of good faith” because Michigan does not recognize an independent cause of action for breach of the obligation of good faith imposed by the UCC.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -