Townsend v. AutoNation Wickliff

Citations

• 219 N.E.3d 385
• 2023 Ohio 1894

Syllabus

Breach of warranty summary judgment. Plaintiff brought claim against car dealer and manufacturer alleging a defect in a vehicle purchased from the dealer. Plaintiff did not supply evidence that a warranty existed by attaching evidence of the warranty to the complaint or by attaching evidence of the warranty to a response to defendants' motion for summary judgment. The complaint further alleged that plaintiff took the vehicle to defendants only once to repair the claimed defect. Plaintiff only appealed the grant of summary judgment in favor of the manufacturer. Because plaintiff did not provide evidence that a warranty existed and did not provide evidence that manufacturer was provided a reasonable opportunity to remedy the claimed defect, the trial court properly granted summary judgment.