Mekertichian v. Mercedes-Benz U.S.A.

347 Ill. App. 3d 828, 807 N.E.2d 1165 (2004)

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Mekertichian v. Mercedes-Benz U.S.A.

Illinois Appellate Court
347 Ill. App. 3d 828, 807 N.E.2d 1165 (2004)

Facts

In November 1999, Edmond Mekertichian (plaintiff) purchased a Mercedes-Benz S500V that had been manufactured by Mercedes-Benz U.S.A. (Mercedes) (defendant) from an authorized Mercedes dealership, Autohaus on Edens, Inc. Along with the vehicle, Mekertichian received a 48-month or 50,000-mile written warranty under which any defects in the vehicle were to be repaired or replaced by authorized Mercedes dealerships during the warranty period. Shortly after purchase, Mekertichian began experiencing various problems with the vehicle. After Mekertichian took the vehicle to be repaired at an authorized dealership multiple times with no success, Mekertichian tried to revoke his acceptance of the vehicle. Mercedes denied the revocation, and Mekertichian sued for damages, arguing breaches of express warranty and the implied warranty of merchantability. Mercedes made a motion for partial summary judgment, requesting that the court dismiss the claim for breach of the implied warranty of merchantability, arguing that there was no vertical privity between Mercedes, as manufacturer, and Mekertichian, as a remote purchaser. The trial court denied the motion. Mercedes appealed the decision.

Rule of Law

Issue

Holding and Reasoning (Gordon, J.)

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