Gilbert v. Monaco Coach Corp.

352 F. Supp. 1323 (2004)

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Gilbert v. Monaco Coach Corp.

United States District Court for the Northern District of Georgia
352 F. Supp. 1323 (2004)

  • Written by Mary Pfotenhauer, JD

Facts

The Gilberts (plaintiffs) bought a recreational vehicle (RV) from La Mesa RV Center. The RV was manufactured by Monaco Coach Corp. (Monaco) (defendant). The Gilberts received a limited warranty, which provided for repair or replacement of any defective parts, but which excluded consequential and incidental damages. The Gilberts discovered numerous defects with the RV, which Monaco failed to repair. The Gilberts sued Monaco for breach of written and implied warranties and for revocation of acceptance, based in part on the federal Magnuson-Moss Warranty Act (MMWA), 15 U.S.C. §§ 2301-12. The MMWA provides consumers with a private right of action against warrantors for breaches of written and implied warranties and for violations of the substantive provisions of the statute. The Gilberts’ expert testified as to the RV’s defects, but was unable to explain the cause of all of the defects. Monaco moved for summary judgment on all claims.

Rule of Law

Issue

Holding and Reasoning (Carnes, J.)

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