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SCHURTZ v. BMW OF NORTH AMERICA, INC.

No. 880399.

814 P.2d 1108 (1991)

Hugh SCHURTZ, Plaintiff and Appellant, v. BMW OF NORTH AMERICA, INC., Clark Buick-Datson-GMC-BMW, Inc., BMW of Murray, and Does I through X, Defendants and Appellees.

Supreme Court of Utah.

June 21, 1991.

Attorney(s) appearing for the Case

David A. McPhie, Salt Lake City, for plaintiff and appellant.

Lewis T. Stevens, Craig W. Anderson, Salt Lake City, for defendant and appellee BMW of North America.

T. Patrick Casey, Salt Lake City, for defendant and appellee Clark Buick-Datsun-GMC-BMW.

ZIMMERMAN, Justice:

Hugh Schurtz brought suit against BMW of North America and against Clark Buick-Datsun-GMC-BMW, Inc., BMW of Murray, and John Does I through X (collectively "BMW") alleging (i) breach of express and implied warranties under (a) the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2310(d)(1) and 2301(6) (1974), and (b) Utah Uniform Commercial Code, sections 715 and 719, Utah Code Ann. §§ 70A-2-715 and -719 (1990); and (ii) negligent and...

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