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Highway Sales, Inc. v. Blue Bird Corp.
United States Court of Appeals for the Eighth Circuit
559 F.3d 782 (2009)
On July 31, 2003, Donald Oren and Highway Sales, Inc. (collectively, Oren) (plaintiffs) purchased a recreational vehicle (RV) from dealer Shorewood RV (Shorewood) (defendant). Manufacturer Blue Bird Corp. (BB) (defendant) provided a limited warranty, guaranteeing components would be free from defects for specified periods and requiring any breach-of-warranty action to be filed within one year of breach. Oren brought the RV to Shorewood multiple times for electrical-system repairs but continued having problems. On July 2, 2004, Oren returned the RV to Shorewood. Oren wrote to BB on July 8 and asked that the RV be repurchased, stating he had run out of patience and confidence the problems could be fixed and was not interested in any further retrofits, patches, or excuses. Additional repairs were made in July, August, September, and October. On September 7, BB rejected Oren’s refund request, and on November 19, BB’s attorney advised Oren the issues had been remedied and BB would continue to ensure the RV conformed to the warranty. On November 29, Oren told BB it had failed to meet its warranty obligations. Oren sued BB for breach of warranty on July 15, 2005, and later added Shorewood as a defendant. The court granted BB and Shorewood summary judgment, finding that the express-warranty claim accrued no later than July 8, 2004, but was filed after the one-year limitations period. Oren appealed, arguing that the express-warranty claim was timely and the limitations period on the express- and implied-warranty claims was tolled by BB’s repair promises.
Rule of Law
Holding and Reasoning (Riley, J.)
Concurrence/Dissent (Beam, J.)
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