# Iams v. Daimlerchrysler Corp.

> Ohio Court of Appeals · December 17, 2007 · 174 Ohio App. 3d 537

URL: https://www.frixlaw.com/law-library/cases/3685637

## Case

- **Full name:** IAMS, Appellant, v. DAIMLERCHRYSLER CORPORATION, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** December 17, 2007
- **Citations:** 174 Ohio App. 3d 537; 2007 Ohio 6709; 883 N.E.2d 466
- **Precedential status:** Published
- **Opinion:** Concurrence by Rogers
- **Judges:** Preston, Willamowski, Rogers
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3685637

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3685637. Public record. Not legal advice.