ILNews

COA rules on first impression lemon-law issue

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
 
In Metro Health Professionals, Inc. v. Chrysler, LLC, No. 06A04-0809-CV-547, Metro Health Professionals purchased a Jeep from a Chrysler dealer in October 2006. MHP took the vehicle in for service at a repair facility authorized by Chrysler to address issues with all the warning lights in the dash coming on, gauges that quit working, headlights shutting on and off spontaneously, and the transmission shifting into low gear spontaneously. Each time it was brought in, Chrysler claimed there wasn't a problem. Finally, after the fifth time MHP brought the car in for service, the repair facility replaced the front control module and the problems haven't occurred since.
 
In October 2007, MHP filed its claim under Indiana Code Sections 24-5-13-1 to -24, the Motor Vehicle Protection Act. The trial court denied MHP's motion for summary judgment. It granted Chrysler's motion for summary judgment finding the facts show the "nonconformity," or vehicle defects, hadn't occurred since the front control module was repaired and MHP was without remedy under the act.

Indiana's MVPA, or lemon law, says if after at least four attempts by the manufacture to repair the nonconformity, and the defects still exist, a consumer can bring a suit as long as the action has been brought within two years of the date the buyer first reports the defect.

At issue is whether MHP could file a claim because the nonconformity was repaired after the fifth attempt. MHP argued that because the defects weren't fixed after the fourth attempt, it could file the claim under the lemon law.

The Court of Appeals found DaimlerChrysler Corp. v. Spitzer, 860 N.E.2d 705 (N.Y. 2006), to be persuasive and applied its ruling in the instant case.

"We hold that the plain language of Ind. Code Section 24-5-13-15(a)(1) obligates a consumer to demonstrate that the vehicle was subject to repair at least four times and that the same defective condition remained unresolved after the fourth attempt," wrote Judge Elaine Brown. "Therefore, once a consumer has met the four-repair threshold and the defect remains unresolved, the requirements of Ind. Code Section 24-5-13-15(a)(1) have been met."

The designated evidence in the instant case shows MHP took the Jeep for repairs on five occasions and was returned twice to MHP without making any repairs and twice after running a scan or diagnostic test. The Court of Appeals didn't agree with Chrysler's argument the Jeep wasn't "subject to repair" four times because it didn't make repairs the first four times it was brought in for service.

"Chrysler may not avoid liability under the Lemon Law by simply doing nothing when faced with a customer's complaints," wrote the judge.

Because it couldn't fix the problems after four times, Chrysler was obligated to refund MHP's money or provide a replacement car of comparable value. The trial court erred in granting summary judgment to Chrysler.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

ADVERTISEMENT