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HERSHENSON v. LAKE CHAMPLAIN MOTORS, INC.

No. 214-78.

424 A.2d 1075 (1981)

Sandy HERSHENSON v. LAKE CHAMPLAIN MOTORS, INC. and Fiat Distributors, Inc.

Supreme Court of Vermont.

January 15, 1981.

Attorney(s) appearing for the Case

David H. Greenberg, Law Offices of Samuel S. Bloomberg, Burlington, for plaintiff.

M. Jerome Diamond, Atty. Gen. and J. Wallace Malley, Jr., Asst. Atty. Gen., Montpelier, for amicus curiae State.

Matthew I. Katz of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for Lake Champlain.

Yandell, Archer & Foley, Burlington, for Fiat.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

The plaintiff purchased a 1974 Fiat from Lake Champlain Motors, Inc. Approximately three months later, he discovered a noxious odor which was present only when a particular combination of windows and vents was open. He brought the odor to the attention of both Champlain (his vendor) and Fiat Distributors, Inc. (a Fiat distributor), and after their repeated failures to alleviate the odor, brought suit against both.

In his complaint, plaintiff...

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