Woman's breach of warranty claims involving 2007 Acura are dismissed
Stacey Gorman sued American Honda Motor Company and Acura of Troy, after she had repeated difficulty with the suspension system and dashboard lighting. She claimed that the car violated express warranties including the 50,000 mile "bumper-to-bumper" warranty, and also implied warranties of merchantability (i.e, "fitness for the intended purpose of the product"). Gorman admitted that each time she identified a problem, the dealership repaired it within a reasonable period of time and that the court found that the vehicle was not "out of service" for an "extended period." Therefore, the court held that Gorman had not adequately proved a breach of warranty. A
lthough Gorman documented that the suspension and warning indicators were serviced four or five times between February, 2009, and February, 2010 (between 60,000 and 75,000 miles), the Court held that these repairs did not establish a breach of warranty and that neither this history, nor the experts' subsequent inspection of the vehicle, were admissible to show the condition of the vehicle during the warranty period. The Court also held that Gorman had not established a material question of fact with regard to whether the defendants violated the Michigan Consumer Protection Act.