Szubski v. Mercedes-Benz, U.S.A.
Ohio Court of Common Pleas
124 Ohio Misc. 2d 82, 796 N.E.2d (2003)
- Written by Tom Squier, JD
Facts
Ralph Szubski and Computer Jungle, Inc. (collectively, Szubski) (plaintiffs) leased a vehicle for Szubski’s personal use that had been manufactured by Mercedes-Benz, U.S.A., L.L.C. (Mercedes) (defendant). Mercedes was a manufacturer of vehicles, many of which were purchased for personal use. When the vehicle was sold to the lessor, it came with a four-year or 50,000-mile written factory warranty covering defects. The vehicle was leased by Szubski during the four-year period covered by the warranty. The vehicle had defects, but Mercedes would not sufficiently repair or replace the vehicle. Szubski sued under the Magnuson-Moss Warranty Act (the act), alleging breaches of a written warranty and of the implied warranty of merchantability. Mercedes moved to dismiss the claims, arguing that the breach-of-warranty claims available under the act could not be applied to a leased vehicle.
Rule of Law
Issue
Holding and Reasoning (Griffin, J.)
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