Price v. Chevrolet Motor Division of General Motors Corp. Price v. Chevrolet Motor Division of General Motors Corp.

Price v. Chevrolet Motor Division of General Motors Corp‪.‬

Pa.Super. 410, 765 A.2d 800, 765 A.2d 800, .PA.0045393, 43 UCC Rep.Serv.2d 593, Serv.2d 593 (2000)(43 UCC Rep)

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Descrizione dell’editore

J.A24007/00 1 In this appeal, Appellant, Chevrolet Motor Division of General Motors Corporation, asks us to determine whether the trial court erred in failing to grant its motions for post-trial relief, compulsory non-suit, and directed verdict. We must determine whether Appellee, Cheryl Price, is estopped from denying the applicability of the warranty. We must also determine whether Appellant breached the warranty and whether Appellee provided sufficient evidence that the problems with the subject vehicle were not the result of abnormal use or secondary causes. Lastly, we must determine whether Appellee provided sufficient evidence of damages at trial. We hold that Appellant is estopped from denying the applicability of the warranty because of its repeated repair attempts of Appellee's vehicle despite possessing sufficient information that the vehicle had previously been totaled. However, we also hold that Appellee failed to provide sufficient evidence to negate abnormal use or secondary causes as the cause of the alleged defect. Lastly, we hold that Appellee failed to provide sufficient evidence of damages at trial.1 Accordingly, we reverse the judgment on the verdict, which awarded $7000 in damages to Appellee.

GENERE
Professionali e tecnici
PUBBLICATO
2000
29 dicembre
LINGUA
EN
Inglese
PAGINE
20
EDITORE
LawApp Publishers
DIMENSIONE
84,8
KB

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