Lemon laws are designed to protect consumers from struggling with a defective vehicle. If your vehicle qualifies for relief under either state or federal law, you may be eligible for compensation from the manufacturer. We believe that knowing the “ins and outs” of both state and federal law made the difference in the following case:
On August 14, 2014, the Mississippi Supreme Court reversed an order from the Jackson County Circuit Court which had inappropriately dismissed a breach of warranty action filed by Moss Point residents, Paul and Terri Broome, against General Motors, LLC. The lawsuit alleged that GM breached its written warranty under the federal Magnuson-Moss Warranty Act by failing to repair the Broomes’ 2010 Chevrolet Equinox which suffered from a myriad of defects. In reversing the Circuit Court’s order in a unanimous decision, the Mississippi Supreme Court concluded that the Broomes had timely filed their lawsuit and that the statute of limitations had not lapsed as GM contended. The Court agreed with the Broomes’ argument that the Circuit Court and GM were wrong to apply the Mississippi Lemon Law’s 18 month statute of limitations to their claims for breach of warranty when their warranty covered the car for 36 months and they had not even brought a Lemon Law claim. Rather than apply the Lemon Law’s statute of limitations, the Court ruled that the federal Act was more analogous to Mississippi’s Uniform Commercial Code and applied that law’s 6 year statute of limitations. In finding flaw in GM’s argument that the Lemon Law’s statute of limitations should apply, the Court opined that “the Legislature likely intended for consumers to be able to bring claims similar to the Broomes’ for breach of warranty under statutes other than the [Lemon Law].” The Mississippi Supreme Court concluded that “the trial court erred in dismissing the plaintiffs’ claim.” The case will now return to the Jackson County Circuit Court for further proceedings.
At Krohn & Moss, Ltd. Consumer Law Center®, our lemon law attorneys focus efforts on Lemon Law claims pursuant to state and/or federal law Our commitment to this specific area of practice has allowed us succeed in over 45,000 Lemon Law cases nationwide. Don’t risk going after a dealer or manufacturer alone. Please take advantage of our free case evaluations by going to www.yourlemonlawrights.com, or by calling 1-800-US-LEMON (800-875-3666). If you have a question regarding the Mississippi Supreme Court’s decision, contact Eric Kaczander at Krohn & Moss, Ltd. Consumer Law Center® at (312) 578-9428 ext. 274.