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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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