Seekings v. Jimmy GMC of Tucson
Arizona Supreme Court
638 P.2d 210 (1999)
- Written by Rich Walter, JD
Facts
Robert and Ida Seekings (plaintiffs) purchased a motor home manufactured by Beaver Coaches, Inc. (Beaver) (defendant) and sold by Jimmy GMC of Tucson, Inc. (Jimmy GMC) (defendant), an independent dealer that sold motor homes made by several manufacturers. Beaver’s warranty covered the vehicle’s construction and performance but disclaimed liability for a consumer’s consequential damages. Jimmy GMC disclaimed any warranties of its own. The vehicle proved unsuitable due to numerous nonconforming defects that neither Jimmy GMC nor Beaver could completely cure. The Seekings couple sued under Arizona’s Uniform Commercial Code (UCC) to enforce revocation of their acceptance of the vehicle. The trial court granted revocation against both Jimmy GMC and Beaver and ordered both of them to pay the Seekingses’ incidental and consequential damages. An intermediate appellate court reversed on appeal. With respect to Beaver, the appellate court based its judgment on the lack of privity between Beaver and the Seekings couple. The Seekingses appealed to the Arizona Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Gordon, J.)
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