Christina Paschal, individually, and on behalf of a class of similarly situated individuals v. Mazda Motor of America Inc.
Published: Aug. 23, 2014 | Result Date: Aug. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:14-cv-00594-AG-RNB Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Robert L. Starr
(Law Office of Robert L. Starr)
Stephen M. Harris
(Law Offices of Stephen M. Harris PC)
Defendant
John M. Thomas
(Dykema Gossett PLLC)
Facts
Christina Paschal filed a class action breach of warranty lawsuit against Mazda Motor of America Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Paschal bought a used 2004 Mazda RX8 vehicle that originally came with a four-year/50,000 mile warranty. Paschal alleged that because 2004-2008 Mazda RX8 vehicles are susceptible to engine flooding, Mazda extended the warranty on the rotary engine core to 8 years and 100,000 miles. Paschal alleged that she experienced difficulty starting her vehicle on two occasions. Paschal further alleged that the second time she had trouble starting her vehicle that the Mazda dealership did not replace the spark plugs, but that they were obligated to do so under the extended warranty.
DEFENDANT'S CONTENTIONS:
Mazda argued that under the extended warranty it was only required to replace spark plugs when doing so is necessary to correct problems caused by fuel flooding.
Result
The court granted Mazda's motion for summary judgment. In it's ruling, the court rejected Paschal's argument that the extended warranty always requires replacement of spark plugs if the vehicle will not restart. The court found instead that the warranty did not require any repair that was not necessary in a particular case. The court held, therefore, that there was no evidence to show that Mazda breached its obligation to perform necessary repairs.
Other Information
FILING DATE: April 16, 2014.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390