KISS v. GENERAL MOTORS CORP.

No. 00-0626.

246 Wis.2d 364 (2001)

2001 WI App 122

630 N.W.2d 742

Peter KISS, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Respondent, BOB FISH PONTIAC-CADILLAC-GMC TRUCK, INC., Defendant.

Court of Appeals of Wisconsin.

Decided May 9, 2001.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William S. Pocan, Vincent P. Megna and Susan M. Grzeskowiak of Jastroch & Labarge, S.C. of Waukesha. There was oral argument by Vincent P. Megna.

On behalf of the defendant-respondent, the cause was submitted on the brief of Kim M. Schmid, C. Paul Carver and Kevin P. Curry of Bowman and Brooke LLP of Minneapolis, Minnesota. There was oral argument by C. Paul Carver.

Before Brown, P.J., Anderson and Snyder, JJ.


¶ 1. BROWN, P.J.

This case presents two issues of first impression under WIS. STAT. § 218.015 (1997-98),1 Wisconsin's "Lemon Law." The first is whether a manufacturer fulfills its obligation to provide a "comparable new motor vehicle" under § 218.015(2)(b) by offering to replace a consumer's nonconforming tow truck with a new cab and chassis but without a new tow unit. Based on prior case law interpreting the language and...

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