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· 11/10/2004

Bailey v. Monaco Coach Corp.

Citations

  • 350 F. Supp. 2d 1036
  • 55 U.C.C. Rep. Serv. 2d (West) 539
  • 2004 U.S. Dist. LEXIS 27251
  • 2004 WL 2956051

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that recall letters are not admissible to show that a defect exists in a particular product
  • noting that “expert testimony is not required to establish a defect if that defect is one that can be understood by a reasonable juror”
  • rejecting plaintiff's argument that a recall constitutes direct evidence of a defect and finding that a recall notice is insufficient to create a triable issue of material fact regarding the existence of a defect
  • “Requiring a warrantor to set forth an exhaustive list, from bumper to bumper, of every included and excluded item would prove unduly burdensome and unnecessary for a clear description of the scope of warranty coverage.” (federal claim)
  • a recall notice for a motor home “is insufficient to create a triable issue regarding the existence of a defect.”
  • “[T]his recall notice alone is irrelevant without independent proof that Bailey’s brakes suffer from the same defect.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Thrash

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.