Legal Opinion
Johnson v. Earnhardt's Gilbert Dodge, Inc.
Court of Appeals of Arizona
Decided April 7, 2005No. 1 CA-CV 02-0656PublishedCited by 3 opinions
1Opinion of the Court
OPINION
SNOW, Judge.
¶ 1 Brenda Johnson appeals from the summary judgment to Earnhardt’s Gilbert Dodge, Inc. (Earnhardt) on her claim for breach of the implied warranty of merchantability under the Magnuson-Moss Warranty Act, 15 U.S.C. sections 2301-2312 (1998) and revocation of her purchase of an automobile due to that breach. For the following reasons, we reverse the summary judgment, vacate the award of attorneys’ fees and remand for further proceedings.
HISTORY
¶ 2 Johnson bought a used 1997 Kia Spor-tage from Earnhardt in May 2000. The sales contract stated that the Kia was sold “AS IS,”…
2Cases cited10 opinions
- Paul Priebe v. Autobarn, LimitedCourt of Appeals for the Seventh Circuit · 2001
- Rothe v. Maloney Cadillac, Inc.Illinois Supreme Court · 1988
- Ventura v. Ford Motor Corp.New Jersey Superior Court Appellate Division · 1981
- Great American Mortgage, Inc. v. Statewide InsuranceCourt of Appeals of Arizona · 1997
- Prudential v. Estate of Rojo-PachecoCourt of Appeals of Arizona · 1997
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3Cited by3 opinions
- Johnson v. Earnhardt's Gilbert Dodge, Inc.Arizona Supreme Court · 2006
- State v. Gaynor-FonteCourt of Appeals of Arizona · 2005
- Johnson v. Earnhardt's Gilbert Dodge, Inc.Court of Appeals of Arizona · 2005