ROYSTER v. TOYOTA MOTOR SALES, U.S.A. INC.

No. 00-1076.

92 Ohio St.3d 327 (2001)

ROYSTER, APPELLANT, v. TOYOTA MOTOR SALES, U.S.A., INC., APPELLEE.

Supreme Court of Ohio.

Decided June 28, 2001.


Attorney(s) appearing for the Case

Kahn & Associates, L.L.C., and Craig A. Kahn, for appellant.

Frost & Jacobs, L.L.P., and Jeffrey G. Rupert, for appellee.

Betty D. Montgomery, Attorney General, Valerie A. Roller, Assistant Attorney General, and Peter M. Thomas, Assistant Solicitor, urging reversal for amicus curiae Attorney General Betty Montgomery.

Young & McDowall and Laura McDowall, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.


PFEIFER, J.

In this case, we address Ohio's Lemon Law, specifically the portion of R.C. 1345.73 that addresses whether a manufacturer has had a reasonable opportunity to repair a defective automobile. We hold that a consumer enjoys a presumption of recovery under R.C. 1345.73(B) if his or her vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days in the first year of ownership regardless of whether the vehicle...

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