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Hebron v. American Isuzu Motors, Inc.
Citation:
60 F.3d 1095 (1995)Facts
In June 1991, Rachel Hebron was driving her 1991 Isuzu Trooper truck on Interstate 395 when another vehicle cut her off without warning. She braked and turned right to avoid collision, causing her truck to swerve and roll over, resulting in permanent injuries. The other driver never stopped and was never identified. Hebron had purchased the truck from an American Isuzu dealer in December 1990. Two years later, in June 1993, after disposing of the vehicle, Hebron sued American Isuzu for $750,000, alleging breach of implied warranty of merchantability. American Isuzu received its first notice of the claim on July 12, 1993, when served with the complaint. Hebron took no pictures, conducted no inspection, and retained nothing from the vehicle after the accident, providing no explanation for the delay in notification.
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