Thomas v. Davis-Moore Datsun, Inc.

Meyer, J.:

On September 21,. 1982, David Thomas filed suit against Davis-Moore Datsun, Inc., (Davis-Moore) and Nissan Motor Corporation (Nissan), alleging violations of the Kansas Consumer Protection Act, breach of the implied warranty of merchantability, and fraud in connection with Thomas’ purchase of an automobile from Davis-Moore.

The district court awarded plaintiff damagés and attorney fees and ruled that the award “be borne equally by the defendants.” Nissan appealed the judgment, and a panel of this court reversed the trial judge’s determination that Nissan was liable to Thomas under…