McMahon v. ADVANCE STORES CO., INC.

BENJAMIN, Justice:

This matter is before the Court upon a certified question from the Circuit Court of Ohio County. The certified question is as follows:

Does W. Va.Code § 46A-6-108(a) apply to suits for breach of limited warranty by subsequent purchasers where the limited warranty involved limits its availability to original purchasers?

The circuit court answered this question in the affirmative. Upon review of the parties’ briefs 1, the arguments of the parties and the record, we answer the certified question in the negative and remand this matter for further proceedings consistent with this…