Harnden v. Ford Motor Co.

• Decision Date: 25 October 2005
• Docket Number: No. 04-72036.,04-72036.
• Citation: 408 F.Supp.2d 315
• Parties: Glenn HARNDEN, Plaintiff, v. FORD MOTOR COMPANY, et al., Defendants.
• Court: U.S. District Court — Eastern District of Michigan

408 F.Supp.2d 315

Glenn HARNDEN, Plaintiff, v. FORD MOTOR COMPANY, et al., Defendants.

No. 04-72036.

United States District Court, E.D. Michigan, Southern Division.

October 25, 2005.

Mark P. Romano and Steven S. Toth, Consumer Legal Services, Garden City, MI, for Plaintiff.

Scott M. Erskine, Erskine Law Group, Rochester, MI, for Defendants.

OPINION AND ORDER GRANTING DEFENDANT JAYCO, INC.'S MOTION FOR SUMMARY JUDGMENT [40]

EDMUNDS, District Judge.

This is a consumer warranty case where Plaintiff alleges that Defendants sold him a faulty recreational vehicle ("RV"). The matter is before the Court on Defendant Jayco, Inc. ("Jayco")'s motion for summary judgment. For the reasons stated below, this Court GRANTS Defendant's motion for summary judgment.

I. Facts

The Court is familiar with the facts. An abbreviated version is as follows. In June 2002, Plaintiff purchased and took delivery of a new 2001 Jayco Eagle RV from Defendant Lloyd Bridges. The "home" portion of the RV was manufactured by Defendant Jayco, Inc. ("Jayco"). This "home" portion sits on a chassis, manufactured by Defendant Ford Motor Company, Inc. ("Ford"). Jayco sold the completed RV to Defendant Lloyd Bridges, an independent dealer, who in turn sold the RV to Plaintiff.¹ Following delivery, Plaintiff had several repairs performed on the RV, some performed by Jayco. (Pl.'s Resp., Ex. B.)

Plaintiff's lawsuit, originally filed in Washtenaw County Circuit Court on April 14, 2004, asserts that the RV required repairs under Jayco's limited warranty at least six times and was out of service for at least 99 days while being repaired. (Pl.'s Resp. at 1.) Plaintiff's complaint alleges claims for breach of contract, revocation of acceptance, violation of Michigan's Motor Vehicle Service and Repair Act, violation of Michigan's Consumer Protection Act, breach of written warranty under Magnuson-Moss Warranty Act, breach of implied warranty under Magnuson-Moss, breach of express warranty, and breach of implied warranty of merchantability.

Defendants removed the action to this Court on May 28, 2004. This Court's subject matter jurisdiction is based on Plaintiff's Magnuson-Moss Warranty claims.

On September 8, 2004, this Court granted Defendant Lloyd Bridges' motion seeking summary judgment in its favor on Plaintiff's warranty claims brought under both federal and state law, finding that Lloyd Bridges had effectively disclaimed any and all warranties.

On March 30, 2005, this Court granted Defendant Lloyd Bridges' motion seeking summary judgment in its favor on Plaintiff's remaining claims against it; i.e., breach of contract, revocation of acceptance, violation of the Michigan Consumer Protection Act, and violation of Michigan's Motor Vehicle Service and Repair Act.

This matter is now before the Court on Defendant Jayco's motion seeking summary judgment in its favor on each of Plaintiff's claims alleged against it.

II. Standard for Summary Judgment

Summary judgment is appropriate only when there is "no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The central inquiry is "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Rule 56(c) mandates summary judgment against a party who fails to establish the existence of an element essential to the party's case and on which that party bears the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The moving party bears the initial burden of showing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once the moving party meets this burden, the non-movant must come forward with specific facts showing that there is a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In evaluating a motion for summary judgment, the evidence must be viewed in the light most favorable to the non-moving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The non-moving party may not rest upon its mere allegations, however, but rather "must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). The mere existence of a scintilla of evidence in support of the non-moving party's position will not suffice. Rather, there must be evidence on which the jury could reasonably find for the non-moving party. Hopson v. DaimlerChrysler Corp., 306 F.3d 427, 432 (6th Cir.2002).

III. Analysis

A. Revocation of Acceptance and Breach of Contract Claims

At the October 19, 2005 hearing on Jayco's motion, the Court was informed that Plaintiff was dismissing his revocation of acceptance and breach of contract claims. Accordingly, there is no need for further discussion here.

B. Breach of Express Warranty

Plaintiff argues that Defendant Jayco is in breach of its express limited warranty that promises to repair or replace a substantial defect in Jayco-manufactured parts because Plaintiff's RV was out of service for miscellaneous Jayco warranty repairs for at least 99 days. Defendant argues that Plaintiff's breach of express warranty claims should be dismissed because (1) Jayco's limited express warranty does not state an affirmation of fact or a promise and thus does not fall within Michigan's statutory definition of an express warranty, Mich. Comp. Laws Ann. § 440.2313(1); and (2) even if it does satisfy this definition, no material question of fact exists with respect to a breach of that express warranty. This Court disagrees with Defendant on its first argument but agrees with it on its alternative argument that there is no evidence that Jayco breached its express limited warranty.

Defendant Jayco, in its written limited warranty, provides a 2 year warranty for Jayco-manufactured parts and a 3 year warranty for Jayco-manufactured structure or 24,000 miles, whichever first occurs. The limited warranty further provides that: (1) Jayco warrants that "all parts of our manufacture are free from substantial defects in material and workmanship", (2) coverage is limited to "only the body structure manufactured and assembled by Jayco," (3) the warranty for Jayco-manufactured structure is limited to "the structure of the interior and exterior sidewalls, floor, roof, and frame against substantial material and manufacturing defects"; and (4) Jayco's responsibility under the warranty is limited to repair and replacement, at Jayco's option, of any part of the vehicle covered by its warranty and found to be defective in material or workmanship, without charge to the customer for parts or labor.² (Def.'s Mot., Ex. 2, Jayco Limited Warranty at 1.) Jayco's limited warranty, as set forth below, also disclaims all consequential and incidental damages, limits implied warranties, and provides that the performance of repairs is the exclusive remedy under this written warranty or any implied warranty.

DISCLAIMER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES:

You and any other user of Jayco products shall not be entitled to any consequential or incidental damages, including without limitation, loss of use of the unit, inconvenience, lodging, damage to personal property, alternative transportation, phone calls, meals, lost income or earnings. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

DISCLAIMER AND LIMITATION OF IMPLIED WARRANTIES:

Jayco does not authorize any person to create for it any other obligation or liability In connection with this vehicle. Any implied warranty of merchantability or fitness for a particular purpose applicable to this vehicle is limited in duration to the duration of this written warranty. The performance of repairs is the exclusive remedy under this written warranty or any implied warranty. Jayco shall not be liable for incidental or consequential damages resulting from breach of this written warranty or any implied warranty. Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

(Id. at 2.)

Contrary to Defendant's argument here, its limited warranty expressly promises "that all parts of our manufacture are free from substantial defects in material and workmanship." (Id. at 1.) Accordingly, its limited warranty falls within Michigan's statutory definition of an express warranty. Mich. Comp. Laws Ann. § 440.2313(1). Plaintiff, however, has failed to present evidence that Jayco breached its express limited warranty.

Plaintiff complains that Defendant Jayco breached its limited express warranty because the RV was serviced by Jayco on at least six different occasions for various repairs and was out of service for at least 99 days. Plaintiff lumps all of the repairs together. Most were minor and easily repairable; i.e., missing porcelain was replaced on the stove top, a television cabinet door that wouldn't stay in was repaired, the TV was remounted, a screw was replaced on a furnace door, missing velcro on a headboard was replaced, a broken guide on the silverware drawer was fixed, some shades were adjusted, some window and ceiling molding was reinstalled, the driver's side mirror was replaced, labels on utility center were replaced, a retaining clip was adjusted on the driver's side A pillar, electrical wiring for the radio was inspected and repaired, a lens on an interior compartment light was tightened, and a new antenna was installed for the stereo system. (Pl.'s Ex. B, Jayco repair orders.) Plaintiff does not dispute that these repairs were made to his satisfaction. (...