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A Better Partnership
August 08, 2013

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

In <em><a href="http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20130806_C303005_39_303005.OPN.PDF" 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.

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