Dussault v. Chrysler Corp.

• Decision Date: 07 July 1999
• Docket Number: No. 98-0744.,98-0744.
• Citation: 600 N.W.2d 6,229 Wis.2d 296
• Parties: Michele A. DUSSAULT, Plaintiff-Appellant, v. CHRYSLER CORPORATION, a foreign corporation, and John Lynch Chevrolet-Pontiac Sales, Inc., a Wisconsin corporation, Defendants-Respondents.
• Court: Wisconsin Court of Appeals

229 Wis.2d 296

600 N.W.2d 6

Michele A. DUSSAULT, Plaintiff-Appellant, v. CHRYSLER CORPORATION, a foreign corporation, and John Lynch Chevrolet-Pontiac Sales, Inc., a Wisconsin corporation, Defendants-Respondents.

No. 98-0744.

Court of Appeals of Wisconsin.

Submitted on briefs February 15, 1999.

Decided July 7, 1999.

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas J. Flanagan and Vincent P. Megna of Jastroch & LaBarge, S.C. of Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Shawn M. Govern of Petrie & Stocking, S.C. of Milwaukee. Before Snyder, P.J., Brown and Anderson, JJ.

SNYDER, P.J.

This case presents two novel issues under § 218.015, STATS., Wisconsin's "Lemon Law." The first is whether a manufacturer fulfills its obligation to provide a "comparable new motor vehicle" under § 218.015(2)(b) by offering to replace a consumer's nonconforming demonstrator vehicle with another demonstrator. Because we determine that the phrase "comparable new motor vehicle" is ambiguous, and because the purpose of the statute is to put a consumer in the position the consumer believed he or she was in at the time the vehicle was purchased, we conclude that the Lemon Law permits the replacement of a nonconforming demonstrator with a comparable demonstrator.

The second issue is whether a consumer may pursue an alternative remedy under § 218.015(2)(a), STATS., as recognized by Vultaggio v. General Motors Corp., 145 Wis. 2d 874, 429 N.W.2d 93 (Ct. App. 1988), once the consumer has established that the manufacturer was provided a "reasonable attempt to repair" the nonconforming vehicle. We conclude that when a "reasonable attempt to repair" is demonstrated, the consumer is limited to recovery under § 218.015(2)(b).

BACKGROUND

On July 10, 1995, Michele A. Dussault purchased a 1994 Eagle Vision from John Lynch Chevrolet-Pontiac Sales, Inc., an authorized dealer for Chrysler Corporation, located in Burlington, Wisconsin. Dussault purchased the vehicle as a demonstrator with 6302 miles. Within the first year of ownership, Dussault experienced at least one warranty nonconformity which was not repaired despite a reasonable attempt to do so. See § 218.015(2)(a), (b), STATS.

In a letter dated September 9, 1997, Dussault notified Chrysler that she believed her vehicle qualified as a "lemon" under the Lemon Law due to warranty nonconformities. Dussault demanded that Chrysler accept the return of the vehicle and provide her with a "comparable new motor vehicle" and collateral costs incurred in repairing the vehicle. In October, Chrysler responded that it had a comparable "new demo" available for Dussault. The vehicle was a 1997 Eagle Vision with 5728 miles. Dussault wrote back that she would not accept the "new demo" because the Lemon Law required a "comparable new motor vehicle," not a demonstrator. Chrysler responded that a "comparable new motor vehicle" included a demonstrator and that the vehicle it had available was comparable to Dussault's present model.

On October 13, 1997, Dussault brought this action against Chrysler alleging two independent violations of the Lemon Law. The first claim sought "the choice of either a comparable new motor vehicle or rescission of the afore-described purchase agreement, and the refund of all the monies"; the second claim alleged damages due to Chrysler's failure to repair.¹

In November 1997, Chrysler filed a motion for summary judgment, claiming that it had fully complied with the Lemon Law by making a replacement vehicle available for Dussault. In response, Dussault again stated that Chrysler was responsible for a comparable new motor vehicle, not a comparable demonstrator vehicle. At a January 12, 1998 summary judgment hearing, the trial court found that Chrysler had complied with the Lemon Law, and at a subsequent hearing held on January 30, 1998, it dismissed all of Dussault's claims. Dussault appeals.

DISCUSSION

[1]

We review decisions on summary judgment de novo, applying the same methodology as the trial court. See Tower Ins. Co. v. Carpenter, 205 Wis. 2d 365, 369, 556 N.W.2d 384, 386 (Ct. App. 1996); § 802.08, STATS. That methodology has been recited often and we need not repeat it here except to note that summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See M & I First Nat'l Bank v. Episcopal Homes Management, Inc., 195 Wis. 2d 485, 496-97, 536 N.W.2d 175, 182 (Ct. App. 1995). Although summary judgment presents a question of law which we review de novo, we nonetheless value a trial court's decision on such a question. See id. at 497, 536 N.W.2d at 182.

[2]

The issues raised in this case involve the statutory interpretation of § 218.015, STATS. This presents a question of law which this court decides without deference to the trial court. See Hughes v. Chrysler Motors Corp., 197 Wis. 2d 973, 978, 542 N.W.2d 148, 149 (1996). The primary objective of statutory interpretation is to ascertain the legislature's intent. See id. To do this, we first consider the language of the statute; if the language clearly and unambiguously sets forth the legislative intent, we will not look outside the statutory language to ascertain the intent. See Lincoln Sav. Bank, S.A. v. DOR, 215 Wis. 2d 430, 441, 573 N.W.2d 522, 527 (1998). "Statutory language is ambiguous if reasonable minds could differ as to its meaning." State ex rel. Angela M.W. v. Kruzicki, 209 Wis. 2d 112, 122, 561 N.W.2d 729, 734 (1997). In construing ambiguous language, we examine the history, context, subject matter, scope and object of the statute. See id. at 121, 561 N.W.2d at 734.

A. "Comparable New Motor Vehicle"

The language "comparable new motor vehicle" is contained in § 218.015(2)(b), STATS., which provides:

(b) 1. If after a reasonable attempt to repair the nonconformity is not repaired, the manufacturer shall carry out the requirement under subd. 2. or 3., whichever is appropriate.

2. At the direction of a consumer described under sub. (1) (b) 1., 2. or 3., do one of the following:

a. Accept return of the motor vehicle and replace the motor vehicle with a comparable new motor vehicle and refund any collateral costs. [Emphasis added.]

Dussault contends that Chrysler failed to comply with § 218.015(2)(b), STATS., in providing a 1997 demonstrator to replace her 1994 demonstrator. She urges us to read the phrase "comparable new motor vehicle" as meaning a comparable "brand new" vehicle.² Dussault asserts that the term "new" in the phrase "comparable new motor vehicle" cannot refer to a demonstrator because a demonstrator is by definition a "used" vehicle.

Chrysler counters that because a "motor vehicle" includes a demonstrator, a "comparable new motor vehicle" also includes a demonstrator. It asserts that Dussault's reading of § 218.015(2)(b), STATS., would render the term "comparable" meaningless because a used demonstrator (such as Dussault's vehicle) is not comparable to a brand new vehicle. Chrysler claims that an ambiguity exists as to the plain meaning of the phrase "comparable new motor vehicle," and therefore we must look to the purpose of the Lemon Law, which is "to return the purchaser of a lemon to the position he or she was in at the time the vehicle was purchased." Church v. Chrysler Corp., 221 Wis. 2d 460, 470, 585 N.W.2d 685, 689 (Ct. App. 1998).

We first address Dussault's argument that the plain language of para. (2)(b) does not contemplate a demonstrator. In order for Dussault to make a claim under para. (2)(b), she must initially satisfy para. (2)(a), which provides:

If a new motor vehicle does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers and makes the motor vehicle available for repair before the expiration of the warranty or one year after first delivery of the motor vehicle to a consumer, whichever is sooner, the nonconformity shall be repaired. [Emphasis added.]

Paragraph (2)(a) is triggered by the existence of a "new motor vehicle." Neither party disputes that the phrase "new motor vehicle" under para. (2)(a) applies to Dussault's 1994 demonstrator. Dussault asserts, and Chrysler acknowledges, that the demonstrator's non-conformities were to be repaired. When it comes to para. (2)(b), however, Dussault asks us to adopt a different definition of "new motor vehicle." She contends that "comparable new motor vehicle" under subp. (2)(b)2.a does not include a demonstrator. She states that because "new" means "new," it cannot by definition include a used car, such as a demonstrator. Therefore, under this rationale, a "new motor vehicle" includes a demonstrator under para. (2)(a) but not under para. (2)(b). Dussault cannot have it both ways.

In construing "comparable new motor vehicle," we initially consider the definition of "motor vehicle," which includes "any motor driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05(2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer, which a consumer purchases or accepts transfer of in this state." Section 218.015(1)(d), STATS. (emphasis added).

Next, we look to the terms "comparable" and "new," neither of which is defined nor mentioned in the definition of "motor vehicle." "[I]t is a basic rule of statutory construction that . . . effect is to be given, if possible, to each and every word, clause and sentence in a statute, and a construction that would result in any portion of a statute being superfluous should be avoided wherever possible." County of Columbia v. Bylewski, 94 Wis. 2d 153, 164, 288 N.W.2d 129, 135 (1980). We read the term "comparable" to mean a similar model vehicle with similar features, such as the type of...