Sheehan v. Monaco Coach Corp.
United States District Court for the Eastern District of Wisconsin
2006 WL 208689 (2006)
- Written by Sharon Feldman, JD
Facts
Raymond and Lynn Sheehan (the Sheehans) (plaintiffs) purchased from a Florida dealership a motor home manufactured by Monaco Coach Corp. (Monaco) (defendant). The Sheehans had previously owned six motor homes. The Sheehans received Monaco’s limited written warranty at the time of sale. The warranty contained a clause printed in bold capital letters disclaiming liability for consequential damages and stating that the consequential-damages exclusion should be deemed independent of, and would survive, a failure of any limited remedy’s essential purpose. The motor home was sent to a Monaco factory for multiple repairs but continued to have leaks and mold issues. The Sheehans sued Monaco for breach of express and implied warranties, seeking a refund under the Magnuson-Moss Warranty Act (MMWA) and loss-of-use damages. Monaco moved for summary judgment, arguing that the MMWA’s refund provision did not apply to limited warranties and the warranty disclaimed liability for consequential damages.
Rule of Law
Issue
Holding and Reasoning (Callahan, J.)
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