Lester v. FCA US, L.L.C.

Citations

• 2022 Ohio 1776

Syllabus

CIV.R. 50(B)—CONSUMER SALES PRACTICES ACT—LEMON LAW—JUDGMENT NOTWITHSTANDING THE VERDICT—JURY INSTRUCTIONS—R.C. 1345.72: The trial court did not abuse its discretion by refusing to give a requested jury instruction on the plaintiff's burden of proof in a Lemon Law claim under R.C. 1345.72, where the instruction given by the court correctly and completely stated the law, and where the requested jury instruction merely restated the language in the court's instruction. The trial court erred by failing to grant defendant's Civ.R. 50(B) motion for judgment notwithstanding the verdict on plaintiff's Consumer Sales Practices Act claim predicated on the existence of a warrantable defect where the jury specifically found that plaintiff's vehicle had no warrantable defect and that defendant breached no warranty—the jury's finding that defendant manufacturer committed an unfair or deceptive act by its dealer's failure to contact plaintiff about its possession of a device to diagnose a vehicle defect was inconsistent with the jury's findings that no warrantable defect existed and that defendant breached no warranty.