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 have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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