Bobby Wolfe v. Chrysler Corporation

The appeal in this diversity case raises an interesting question: What constitutes a new van? We hold that because the question required a jury response, the district court erred in entering summary judgment.

I

Chrysler Corporation sold a 1980 Dodge van to Greenbrier Dodge, Inc., in March of 1980. Greenbrier performed service work on the van’s transmission and replaced the vehicle’s torque converter with one that had been remanufactured by Chrysler at its factory. Greenbrier sold the van to Joe Nix Dodge, Inc., which later sold it as a new vehicle to Bobby Wolfe.

Nearly a year and a half after…