Liles v. Damon Corp.

198 P.3d 926 (2008)

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Liles v. Damon Corp.

Oregon Supreme Court
198 P.3d 926 (2008)

Facts

Dale and Karen Liles (plaintiffs) purchased a motor home that had been manufactured by Damon Corporation (defendant) from a dealer. Starting a few months later, the Lileses contacted Damon by phone multiple times about water-leak problems with the motor home. At Damon’s direction, the Lileses took the motor home back to the dealer multiple times for attempted repairs, as well as to a repair shop at least once. All attempted repairs were unsuccessful. Eventually, the Lileses’ attorney sent a letter to Damon fully explaining the water issues and all attempts to repair them. Immediately after Damon received the letter, the Lileses filed suit under ORS 646A.400 to ORS 646A.418, commonly referred to as Oregon’s lemon law. The trial court entered a judgment for the Lileses, holding that the attempted repairs served as Damon’s opportunity to correct the defect under the lemon law, as the attempts had been authorized by Damon, although written notice had not been provided prior to the attempts. Damon appealed, claiming the law required it be given an opportunity to correct the defect after receiving written notice but before a lawsuit was filed. The appellate court found for Damon and reversed the trial court’s judgment. The Lileses appealed.

Rule of Law

Issue

Holding and Reasoning (Durham, J)

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