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Suminski v. Maine Appliance Warehouse, Inc.

Supreme Court of Maine
602 A.2d 1173 (1992)


Facts

Paul Suminski (plaintiff) bought a television from Maine Appliance Warehouse, Inc. (Maine Appliance) (defendant). Thirteen months later, the television began to turn off by itself and later would not turn on at all. In response to Suminski’s phone calls, Maine Appliance repeatedly told him the television was no longer covered under the express warranty and that Maine Appliance had no responsibility to repair it. A manager for Maine Appliance also denied that an implied warranty of merchantability existed. Suminski sued Maine Appliance for a breach of the implied warranty of merchantability and a violation of the Maine Unfair Trade Practices Act (UPTA), 5 M.R.S.A. §§ 205-A-214. The district court entered judgment in favor of Suminski and ordered Maine Appliance to reimburse Suminski for repairing the television and pay his attorney’s fees. The superior court affirmed, but denied Suminski’s request for his appellate attorney’s fees. Both parties appealed.

Rule of Law

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Issue

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Holding and Reasoning (Roberts, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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