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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Publisher Description

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.

GENRE
Professional & Technical
RELEASED
2000
29 December
LANGUAGE
EN
English
LENGTH
20
Pages
PUBLISHER
LawApp Publishers
SIZE
84.8
KB

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