Rothe v. Maloney Cadillac, Inc.

Plaintiff appeals the dismissal with prejudice of counts III, IV and V of his six-count complaint against Maloney Cadillac, Inc. (Maloney), a Cadillac dealer, and Cadillac Motor Car Division, and General Motors Corporation (sometimes collectively General Motors), the manufacturer, based on alleged breaches of implied warranties. The issues presented include whether: (1) the doctrine of privity bars plaintiff’s action against General Motors; (2) Maloney can disclaim liability under a breach of implied warranty theory; and (3) plaintiff should have been allowed to replead the implied warranty…