Kruger v. Subaru of America, Inc.

MEMORANDUM AND ORDER

DITTER, District Judge.

In this ease, the plaintiffs contend that they purchased a defective automobile manu factored by the defendant. The parties reached a settlement agreement that included the plaintiffs’ returning the vehicle, but it has since been stolen making the. agreement impossible to perform. 1 The defendant has now moved for summary judgment contending that the plaintiffs cannot “sustain their burden of proof regarding either defect in the subject vehicle or the appropriate measure of damages.” (Def.’s Mot. for Summ. J. at 6). For the reasons that follow, I…