Royster v. Toyota Motor Sales, U.S.A., Inc.

By entering judgment for Toyota on the basis that Royster failed to show that her vehicle “remained defective * * * after” (emphasis sic) fifty-six days of repairs, the court of appeals rendered R.C. 1345.73(B) nugatory. Under the appellate court’s reasoning, so long as a dealer eventually repairs a vehicle that is out of service for a cumulative total of thirty or more calendar days during the first year of ownership or eighteen thousand miles, the vehicle cannot be a “lemon,” for it would not have “remained defective * * * after” those repairs finally and favorably concluded. This approach…