Tag: substantially impair the use

Rueda v. American Honda Motor Company

Posted on 03/05/12 by Dana Manner
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During the hearing, the Manufacturer sought to assert the following statutory affirmative defenses not timely raised in its Manufacturer’s Answer or any amended Answer: the alleged nonconformity does not substantially impair the use, value or safety of the motor vehicle; alternatively, the alleged nonconformity was repaired in a reasonable number of repair attempts. Paragraph (8), [...]

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Elyakim v. BMW of North America LLC

Posted on 08/25/11 by Dana Manner

Elyakim v. BMW of North America LLC., 2011-0104/FTL (Fla. NMVAB August 25, 2011) The Consumer complained of intermittent creaking noises from the doors of his 2011 BMW X6 when the vehicle was being driven. The Consumer testified that, when he went on a test drive with the Manufacturer’s authorized service agent, the service agent did [...]

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Robins v. Jaguar Cars

Posted on 03/10/11 by Dana Manner

Robins v. Jaguar Cars, 2010-0252/FTL (Fla. NMVAB March 10, 2011) Intermittently, even when someone over the threshold weight was sitting in the passenger seat, the passenger “airbag off” warning light illuminated, meaning that the passenger airbag would not deploy, in this 2009 Jaguar XFL. The Consumer testified that when she first purchased the vehicle she [...]

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