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Kuberski v. Allied Recreation Group, Inc.

United States District Court, N.D. Indiana, Fort Wayne Division

August 13, 2019

JOSEPH KUBERSKI, Plaintiff,
v.
ALLIED RECREATIONAL GROUP, INC., Defendant.

          OPINION AND ORDER

          HOLLY A. BRADY JUDGE

         This is a lawsuit for violations of various consumer protection laws and breach of warranty in connection with the purchase of a recreational vehicle (RV). Plaintiff Joseph Kuberski purchased a Class A motorized Fleetwood RV from Defendant Allied Recreational Group, Inc.'s authorized dealer. Plaintiff alleges that the RV suffered from numerous defects and malfunctions that were not fixed within a reasonable amount of time or after a reasonable number of attempts.

         Plaintiff's Complaint includes three separate Counts against Defendant. Plaintiff alleges breach of an express and/or implied warranty, violation of the Magnuson-Moss Warranty Act (MMWA), and violations of state consumer protection statutes based on the Defendant's representations during the transaction, failing to remedy defects, failing to honor a request to take the RV back, and breach of warranty. Plaintiff seeks relief in the form of damages or, in the alternative, relief in the form of rescission of the contract.

         This matter is now before the Court on Defendant's Motion for Summary Judgment [ECF No. 36]. Defendant maintains that it is entitled to judgment as a matter of law on the MMWA claim because the undisputed facts reveal that the alleged concerns with the RV occurred outside of the one-year warranty period, were corrected within a reasonable number of attempts, or were chassis-related. Defendant also submits that neither Plaintiff, nor his expert, can opine about the alleged defects or damages sufficient to support his MMWA claim for breach of warranty.[1]

         STATEMENT OF FACTS

         On March 19, 2013, Plaintiff purchased a 2013 Fleetwood Storm model RV from Camping World R.V. Sales, located in Hope Mills, North Carolina. The day prior, Camping World had noted and remedied fourteen defects that existed when the RV arrived from the factory.

         A “Limited One-Year Warranty” applied to the house portion of the RV as follows: “Your new motor home, including the structure, plumbing, heating and electrical systems, all appliances and equipment installed by the manufacturer, is warranted under normal use to be free from manufacturing defects in material or workmanship, when first sold by an authorized Fleetwood dealership.” (ECF No. 37-1 at 64.)

The warranty covers the first retail purchaser and all transferees during the warranty period when first sold by an authorized Fleetwood Dealership. The warranty begins on the date of original retail delivery or the date the motor home is first placed into service as a rental, commercial or demonstrator unit (whichever occurs first) “Start Date” and extends for the following periods:
1. For non- structural defects, one (1) year from the Start Date or until the motor home reaches 15, 000 total miles as determined by the mileage shown on the odometer, whichever occurs first.
2. For structural defects, three (3) years from the Start Date or until the motor home reaches 45, 000 total miles as determined by the mileage shown on the odometer, whichever occurs first. Structural defects are defined only as the motor home's roof structure, sub-floor structure, and Vacubond® walls.

(Id.) The limited warranty excludes from coverage “The automotive chassis system (including the chassis and drive train), tires and batteries, which are covered by the separate warranties of the respective manufacturers of these components.” (Id.)

         About one month after taking delivery, Plaintiff returned the RV to the dealership in North Carolina for repair of defects, the most significant of which were that the front slide was not operable and the outside compartment door did not completely close. The work order from Camping World indicates that both defects were corrected. The first was corrected by replacing a blown fuse and the second by reinstalling the hinges so that the compartment door closed flush with the seal. An additional complaint was remedied a few weeks later.

         On June 11, 2013, Plaintiff brought the RV to Camping World for additional service. Some of the complaints involved problems that had existed from the time of purchase. On November 21, 2013, the RV was again brought to Camping World for repair of numerous defects. Plaintiff instructed the dealership to keep the RV as long as necessary to complete the repairs because he was being deployed for military service. On March 19, 2014, Plaintiff returned to Camping World to pick up his RV. Plaintiff discovered that the RV still had unresolved defects, and another repair order was opened. October 2014 was the last time that Plaintiff brought the RV to the dealership for repairs. He continued to ...


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