Opinion

Iams v. Daimlerchrysler Corp.

  • 174 Ohio App. 3d 537
  • 2007 Ohio 6709
  • 883 N.E.2d 466
Court
Ohio Court of Appeals
Filed
Dec 17, 2007
Status
Published
Author
Rogers
On the bench
Preston, Willamowski, Rogers
Cited by
14 cases

noting that under the Ohio Lemon Law, the question of whether a vehicle is nonconforming is “whether a reasonable person would conclude that the alleged defect or condition substantially impairs the vehicle’s use, value, or safety”

How later courts described this case

  • noting that under the Ohio Lemon Law, the question of whether a vehicle is nonconforming is “whether a reasonable person would conclude that the alleged defect or condition substantially impairs the vehicle’s use, value, or safety”
  • examining Ohio caselaw analyzing a substantial impairment
  • surveying Ohio cases addressing this issue

Written by the judges who cited it.

The opinion

Rogers, Presiding Judge,

concurring separately.

{¶ 64} I concur in the majority’s conclusion that summary judgment was appropriate in this case. Specifically, I agree that an objective standard should be applied in determining whether a substantial impairment necessary for a Lemon Law violation exists. I write separately only to express my opinion that the defect alleged in this case might well have substantially affected the value of the vehicle. It is difficult to imagine a reasonable person paying full value for a vehicle in which the driver is required to lower his window every time he enters the vehicle, or to suffer with a window that is always open (even if only an eighth of an inch). However, without some evidence presented to the trial court as to the alleged diminution of value, sufficient to demonstrate a substantial effect on the value of the vehicle, I agree that summary judgment was proper.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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