Judges disagree over whether car ad implied drivability

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The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.

Heather Kesling purchased a 1996 Mitsubishi Eclipse from Hubler Nissan for a little more than $2,300. She saw an advertisement describing the car as a “Sporty Car at a Great Value Price.” She test drove the car and saw it was not idling correctly. She asked the salesman if anything was wrong with the car, and he said it probably just needed a tune up.

A little more than a year later, she filed her lawsuit. She had it inspected more than two years later. The inspector noted the car was covered in dust, only had 44 more miles on the odometer as compared to the sales order, and that the car had numerous problems that he believed should have been discovered by the dealer during an inspection. The inspector believed the car was unsafe to drive.

The trial court granted Hubler’s motion for summary judgment.

In Heather N. Kesling v. Hubler Nissan, Inc., 49A02-1111-CT-1031, Senior Judges John Sharpnack and Carr Darden found there to be a genuine issue of material fact as to whether Hubler made a representation in its advertisement that the car had performance, uses or benefits that it didn’t have and the dealer knew or should have known the car did not have those characteristics. The majority looked at the phrase “Sporty Car at a Great Value Price” and concluded a reasonable fact-finder could determine that Hubler implied the Eclipse was a good car for the price, and thus at a minimum, that it was safe to drive.

Judge Ezra Friedlander dissented, believing the advertisement did not run afoul of the Deceptive Consumer Sales Act and that the majority’s view is “simply unreasonable.” In his view, the phrase used conveys “virtually nothing” about the car to which it is attached and devoid of content relative to the car’s operating status.

The Court of Appeals also found issues of material fact on the fraud and Crime Victims Relief Act claims and remanded for further proceedings.



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

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...