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Smith v. LG Electronics USA, Inc.
United States District Court for the Northern District of California
83 UCC Rep. Serv. 2d 92 (2014)
Laury Smith (plaintiff) purchased a washing machine from LG Electronics U.S.A., Inc. (LG) (defendant). LG labeled and advertised the washing machine as high efficiency and capable of extra-high spin speeds. Smith claimed that immediately after she bought the washing machine, it made noise, shook, and moved when operated. However, Smith did not complain about these problems at that time. More than a year after Smith’s purchase, her washing machine was recalled due to safety concerns. As part of the recall, a repairperson went to Smith’s home to repair the washing machine. However, after the repair, the washing machine was no longer capable of spinning at extra-high speeds as originally advertised and could no longer wash certain materials that it was previously capable of washing. Smith filed an action against LG, asserting breach of the implied warranties of merchantability and fitness for a particular purpose. LG moved to dismiss Smith’s complaint.
Rule of Law
Holding and Reasoning (Hamilton, J.)
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