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COA rules on first impression lemon-law issue

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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.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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