KRACK v. ACTION MOTORS CORP.

No. 24876.

867 A.2d 86 (2005)

87 Conn.App. 687

Laura Ann KRACK v. ACTION MOTORS CORPORATION.

Appellate Court of Connecticut.

Decided March 1, 2005.


Attorney(s) appearing for the Case

Neal P. Rogan, Newtown, with whom, on the brief, were Joseph DaSilva, Danbury, and Marc J. Grenier, Norwalk, for the appellant (defendant).

Richard F. Wareing, Hartford, with whom, on the brief, was Daniel S. Blinn, Rocky Hill, for the appellee (plaintiff).

DRANGINIS, McLACHLAN and STOUGHTON, Js.


McLACHLAN, J.

The novel issue in this appeal is whether a dealer that sells used automobiles breaches the implied warranty of merchantability1 when it innocently sells a vehicle with a salvage history, charging the buyer the price of a nonsalvaged used vehicle. We conclude that General Statutes § 42a-2-314 places the risk of loss associated with such an occurrence squarely on the seller and...

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