Curl v. Volkswagen of America, Inc.

{¶ 1} Two questions of law are presented to this court for resolution on this appeal: one, does Ohio law require privity of contract between parties in order to recover on a claim for breach of an implied warranty pursuant to the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, Section 2301 et seq., Title 15, U.S.Code; and two, as a matter of law, what constitutes a new motor vehicle, as that term is used in R.C. 1345.71 et seq., Ohio’s Nonconforming New Motor Vehicle Law, also known as the Lemon Law.

{¶ 2} In the matter before us, Volkswagen of America, Inc., an…