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Sales Keyed to Whaley
Mydlach v. DaimlerChrysler Corp.
Citation:
226 III. 2d 307, 314 III. Dec. 760, 875 N.E.2d 1047 (2007)Facts
Lucy Mydlach purchased a used 1996 Dodge Neon from McGrath Buick-Nissan in Elgin, Illinois, on June 20, 1998. The vehicle was manufactured by DaimlerChrysler and was originally placed into service on June 24, 1996, with a three-year/36,000-mile limited warranty that promised to repair or replace defective parts at no charge. At the time of Mydlach’s purchase, the vehicle had 26,296 miles and approximately one year or 10,000 miles remaining on the warranty. Beginning July 7, 1998, Mydlach brought the vehicle to McGrath and another authorized dealership on several occasions for various problems, including a recurring fluid leak. Mydlach claimed the dealerships’ repair attempts were unsuccessful and she could not use the vehicle as intended. On May 16, 2001, Mydlach filed suit against DaimlerChrysler seeking relief under the Magnuson-Moss Act for breach of written warranty, breach of implied warranty of merchantability, and revocation of acceptance.
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