A retired couple who did not give the manufacturer of an issue-ridden RV a sufficient opportunity to repair a leaking sewage tank cannot succeed in its case against the manufacturer, the 7th Circuit Court of Appeals has ruled.
Bernard and Beverly Zylstra spent nearly $100,000 on a new RV so they could travel during their retirement. Their enjoyment was short-lived, however, when the RV began to collect a long list of defects, both large and small, that ended with them losing a lawsuit, TheIndianaLawyer.com reported.
The Zylstras bought their custom-built RV at Bourbonnais Chevy Hundai RV in Bourbonnais, Ill., manufactured by DRV, LLC. The RV came with a one-year warranty providing that the portions of the RV manufactured by DRV that were not otherwise excluded would be “free from defects in material and workmanship supplied and attributable to DRV during normal use.” If a defect was found, the owners needed to bring the RV to either the dealership or DRV within 30 days of discovery and no later than 30 days after the warranty expired.
On its first trip off the lot with the Zylstras, the RV accumulated 18 entries on the couple’s repairs list. Once the repairs were made at a DRV dealership, the Zylstras took out the RV again, this time running into 16 new issues.
A week into their third trip across country, the Zylstras discovered that the sewage tank valve was leaking, and that sewage had been leaking from the tank into the insulation throughout the underbelly of the RV, causing a smell. They enlisted the help of an independent mobile technician to complete the repair.
When the Zylstras later asked DRV who would foot the bill – the Zylstras or DRV – they ended up suing the manufacturer, alleging breach of express and implied warranty, violation of the Magnuson-Moss Warranty Act and violation of state consumer protection laws.
The U.S. District Court for the Northern District of Indiana, Fort Wayne Division, entered summary judgment for DRV, and the 7th Circuit Court of Appeals affirmed.
Click here to read the full report from Katie Stancomb in TheIndianaLawyer.com.
