Breach of Implied Warranty

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7^th Circuit Court of Appeals

Case Name: Beverly Zylstra, et al., v. DRV, LLC,

Case No.: 20-1949

Officials: ROVNER, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Breach of Implied Warranty

Bernard and Beverly Zylstra spent close to $100,000 on a brand-new recreational vehicle in order to enjoy travel and recreation during their retirement years. One can imagine their disappointment when they began to collect a long list of defects, large and small, as they began their adventures. As the list grew, so did their frustration until, on August 27, 2018, they filed suit against the manufacturer, DRV, LLC, for breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act (MMWA), and violation of state deceptive practices acts. Although we sympathize with the frustrations the Zylstra’s experienced trying to rectify the long list of problems, we uphold the district court’s grant of summary judgment for DRV, as even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects as required under the warranty and therefore the Zylstras’ claims cannot survive.

Affirmed

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Derek A Hawkins is Corporate Counsel, at Salesforce.