Legal Opinion

Hershenson v. Lake Champlain Motors, Inc.

Supreme Court of Vermont

Decided January 15, 1981No. 214-78PublishedCited by 10 opinions

1Opinion of the CourtDaley, J.

The plaintiff purchased a 1974 Fiat from Lake Champlain Motors, Inc. Approximately three months later, he discovered a noxious odor which was present only when a particular combination of windows and vents was open. He brought the odor to the attention of both Champlain (his vendor) and Fiat Distributors, Inc. (a Fiat distributor), and after their repeated failures to alleviate the odor, brought suit against both.

In his complaint, plaintiff alleged a breach of express warranty by both defendants and a consumer fraud violation by Champlain alone. A jury trial resulted in plaintiff’s verdicts…

2Cases cited7 opinions

  1. Trust v. Arden Farms Co.California Supreme Court · 1958
  2. Haas v. Buick Motor Division of General Motors Corp.Appellate Court of Illinois · 1959
  3. Christie v. Dalmig, Inc.Supreme Court of Vermont · 1979
  4. Patton v. Ballam & KnightsSupreme Court of Vermont · 1948
  5. Marsigli v. C. W. Averill Co.Supreme Court of Vermont · 1962

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

3Cited by10 opinions

  1. Allstate Insurance Company and Granite Mutual Insurance Company v. Hamilton Beach/proctor Silex, Inc., Docket No. 04-6282-CvCourt of Appeals for the Second Circuit · 2007
  2. Fulton v. Pfizer Hospital Products Group, Inc.Court of Appeals of Tennessee · 1994
  3. Birkenhead v. CoombsSupreme Court of Vermont · 1983
  4. Kinzer v. Degler CorporationSupreme Court of Vermont · 1985
  5. DiIenno v. Libbey Glass Division, Owens-Illinois, Inc.District Court, D. Delaware · 1987

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

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