· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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