Mitchell v. Michael J. Auto Sales

Citations

• 194 N.E.3d 428
• 2022 Ohio 2591

Syllabus

EXPRESS WARRANTY – NEGLIGENCE – FRAUD – ACCEPTANCE – SMALL CLAIMS COURT – AS-IS WARRANTY: The trial court's determination that defendant was negligent in the repair of plaintiff's just-purchased vehicle was not against the manifest weight of the evidence because the vehicle caught fire ten minutes after plaintiff began driving it for the first time after the repair was made, and the trial court was in the best position to determine whose testimony was most credible. The magistrate's fraud finding was against the manifest weight of the evidence because the defendant disclosed the issue with the vehicle to the plaintiff. Plaintiff purchaser did not have a reasonable opportunity to inspect the vehicle after the repair was made where, after plaintiff test drove the vehicle, defendant car dealer assured plaintiff that it would repair a fuse, the repair was made with a fuse from an older model vehicle, and ten minutes after plaintiff drove her vehicle off the lot it caught fire.