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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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