CURL v. VOLKSWAGEN OF AMERICA

No. 2006-0115.

114 Ohio St.3d 266 (2007)

2007-Ohio-3609

CURL, Appellee, v. VOLKSWAGEN OF AMERICA, INC., Appellant.

Supreme Court of Ohio.

Decided July 18, 2007.


Attorney(s) appearing for the Case

Luxenburg & Levin, L.L.C., Mitchel E. Luxenburg, and David B. Levin, for appellee.

Kehoe & Associates, L.L.C., Robert D. Kehoe, and J. Brian Kenney, for appellant.


O'DONNELL, J.

{¶ 1} Two questions of law are presented to this court for resolution on this appeal: one, does Ohio law require privity of contract between parties in order to recover on a claim for breach of an implied warranty pursuant to the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, Section 2301 et seq., Title 15, U.S.Code; and two, as a matter of law, what constitutes a new motor vehicle, as that term is used in...

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