Day v. Beau Townsend Ford

I respectfully dissent from the decision of the majority.

The trial court granted a judgment on the pleadings on motions filed pursuant to Civ.R. 12(C), which presents an issue of law only. Peterson v. Teodosio (1973), 34 Ohio St.2d 161, 63 O.O.2d 262, 297 N.E.2d 113. In this instance, that issue was whether the vehicle that Beau Townsend Ford delivered to the Days was a “new motor vehicle” for purposes of the Ohio Lemon Law, R.C. 1345.71 et seq. In holding that the vehicle was not covered by the Lemon Law, the trial court applied the distinction between “new” and “used” vehicles we adopted in…