Legal Opinion

McDonald v. Mazda Motors of America, Inc.

Court of Appeals of Georgia

Decided August 10, 2004No. A04A1411PublishedCited by 20 opinions

1Opinion of the Court

Eldridge, Judge.

Mark McDonald appeals from the grant of summary judgment on his action for breach of warranties under the Magnuson-Moss Warranty Act, which are in fact state warranty claims, against Mazda Motors of America, Inc. for unrepaired defects to his new 2002 Mazda Protege over the first 17 months of ownership. On de novo review, we find disputed issues of material fact on the theories of liability appealed and reverse the grant of summary judgment by the trial court for trial by jury on the issues of breach of warranty, express and implied.

On August 31, 2001, McDonald purchased a new…

Also in this document: Concurrence.

2Cases cited32 opinions

  1. Ginn v. MorganSupreme Court of Georgia · 1969
  2. Poppell v. WatersCourt of Appeals of Georgia · 1972
  3. Fender v. Colonial Stores, Inc.Court of Appeals of Georgia · 1976
  4. Space Leasing Associates v. Atlantic Building Systems, Inc.Court of Appeals of Georgia · 1977
  5. Pierce v. Liberty Furniture Co.Court of Appeals of Georgia · 1977

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3Cited by20 opinions

  1. Fedrick v. MERCEDES-BENZ USA, LLCDistrict Court, N.D. Georgia · 2005
  2. Williams v. Mast Biosurgery USA, Inc.Court of Appeals for the Eleventh Circuit · 2011
  3. Amin v. Mercedes-Benz United States, LLCDistrict Court, N.D. Georgia · 2018
  4. Knight v. American Suzuki Motor Corp.Court of Appeals of Georgia · 2005
  5. Monticello v. Winnebago Industries, Inc.District Court, N.D. Georgia · 2005

15 more not listed; retrieve them via the Exa API.

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