Anderson v. Gulf Stream Coach

662 F.3d 775 (2011)

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Anderson v. Gulf Stream Coach

United States Court of Appeals for the Seventh Circuit
662 F.3d 775 (2011)

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Facts

Jeff and Liz Anderson (plaintiffs) bought a Tourmaster recreational vehicle manufactured by Gulf Stream Coach (Gulf Stream) (defendant). The Andersons had a reasonable opportunity to check the vehicle for obvious defects before completing their purchase. The vehicle came with a written limited warranty. The Andersons soon discovered that, in addition to many serious construction defects, their vehicle was equipped with an underpowered 300-horsepower engine instead of the Tourmaster’s advertised 425-horsepower engine. Over the next five months, the Andersons’ recreational-vehicle dealer and a Gulf Stream factory representative made several attempts to fix the Andersons’ Tourmaster. After all of these repair attempts failed, the Andersons sued Gulf Stream in federal district court, under Indiana law, for breach of express warranty and the implied warranty of merchantability. The suit also charged Gulf Stream with violating the federal Magnuson-Moss Warranty Act (MMWA). The district court granted Gulf Stream’s motion for summary judgment on the grounds that the Andersons did not give Gulf Stream a reasonable opportunity to cure their vehicle’s defects. The Andersons appealed to the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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