Nancy Kuns v. Ford Motor Company
543 F. App'x 572
6th Cir.2013Background
- Kuns bought a 2010 Mercury Mariner in Ohio; rear liftgate glass exploded twice within weeks; initial repair not Ford-authorized, leading to non-Ford repair; Ford issued TSBs acknowledging defect and stating coverage for glass repair under warranty if no impact; district court held CAFA jurisdiction and that MMWA claims failed due to failure to cure and warranty scope; Ford eventually repaired the second breakage at no charge; court found no express warranty breach and dismissed implied warranty claim for lack of privity; appeal challenges MMWA and express warranty rulings; CAFA amount-in-controversy satisfied by nationwide class; appellate court affirms summary judgment for Ford.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CAFA provides jurisdiction over MMWA claims | Kuns seeks CAFA jurisdiction for large class | CAFA governs interstate class actions; MMWA not required | CAFA jurisdiction affirmed |
| Whether Ford violated MMWA regarding first breakage | Ford failed to disclose warranty coverage for rear glass | No sustainable MMWA claim; cure opportunity lacking or improper | No MMWA claim for first breakage |
| Whether Ford cured the second breakage within a reasonable time | Kuns: warranty should cover; Ford delayed | Dealership repaired within a week; non-factory part complicates coverage | No genuine issue of material fact; cure timely under facts |
| Whether TSBs creating or expanding warranty create MMWA obligations | TSBs show expanded warranty coverage | TSBs are not warranties under MMWA | TSBs not considered warranties; claim rejected |
| Whether Ohio express warranty claim is viable | Express warranty breached due to defective repair | Same cure-and-warranty analysis applies; no viable claim | Dismissed express warranty claim |
Key Cases Cited
- Temple v. Fleetwood Enters., Inc., 133 F. App’x 254 (6th Cir. 2005) (requirements to state a MMWA breach claim; cure period)
- Abele v. Bayliner Marine Corp., 11 F. Supp. 2d 955 (N.D. Ohio 1997) (elements of MMWA breach; reasonable opportunity to cure)
- Walsh v. Ford Motor Co., 807 F.2d 1000 (D.C. Cir. 1986) (reasonable opportunity to cure under MMWA)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court 1986) (summary judgment standard; burden of proof)
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court 1986) ( burden-shifting on summary judgment)
- Temple v. Fleetwood Enters., Inc., 133 F. App’x 254 (6th Cir. 2005) (elements for MMWA breach claim)