979 F. Supp. 2d 1331
S.D. Fla.2013Background
- Honda manufactures the Gold Wing GL 1800 luxury touring motorcycle with a five-speed sequential transmission.
- The GL 1800 is allegedly defective in design and machining, causing “ghost shifting” where gears drop unexpectedly.
- Plaintiffs Aprigliano and Lucci purchased pre-owned GL 1800s after the factory warranties had expired.
- Honda allegedly knew of the defect and concealed it, blaming bent shift forks and other issues.
- Plaintiffs incurred repair costs and seek monetary relief for themselves and a class, excluding personal injury or property damage claims.
- The court grants Honda’s motion to dismiss the Amended Complaint, dismissing counts with leave to amend by a certain deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the economic loss rule bars Counts I–III | Aprigliano/ Lucci contend exceptions apply for risk of injury | Honda argues the rule bars economic losses absent personal injury or other property damage | Counts I–III barred by the economic loss rule |
| Whether Count I (strict liability) is viable | Plaintiffs rely on product defect without personal injury | Economic losses to the product itself cannot support strict liability | Count I dismissed as barred by economic loss rule |
| Whether Count II (negligent misrepresentation) is viable | Independence from warranty claims; exceptions post Tiara | Economic loss rule bars tort claims tied to defective product | Count II dismissed under the economic loss rule |
| Whether Count III (negligent failure to warn) is viable | Warning failures may be independent of design defect | Post-sale failure to warn barred when damage is only to the product | Count III dismissed under the economic loss rule |
| Whether Count IV (breach of express warranty) and Count V (fraudulent concealment) survive | Warranty claims extend to subsequent owners; advertising creates warranties; fraud asserted | No privity for express warranty; warranties limited to 3 years; alleged statements are puffery; insufficient Rule 9(b) detail for concealment | Express warranty claim largely barred; fraudulent concealment dismissed for lack of specificity |
Key Cases Cited
- Tiara Condo. Ass’n v. Marsh & McLennan Cos. Inc., 110 So.3d 399 (Fla.2013) (economic loss rule applies in products context; extends to privity and independent torts)
- Westinghouse Elec. Corp. v. Fla. Power & Light Co., 510 So.2d 899 (Fla.1987) (economic loss rationale for contract remedies vs tort)
- East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (U.S.1986) (damage to product alone treated as warranty/contractary remedy)
- Miller Industries v. Caterpillar Tractor Co., 733 F.2d 813 (11th Cir.1984) (predecessor authority on product defect and economic loss)
- Nicor Supply Ships Assocs. v. General Motors Corp., 876 F.2d 501 (5th Cir.1989) (negligent failure to warn context; limits applicability)