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ARMSTRONG v. MAZDA MOTOR OF AMERICA, INC.

2071157.

33 So.3d 1252 (2009)

Mark ARMSTRONG v. MAZDA MOTOR OF AMERICA, INC., d/b/a Mazda North American Operations. Mazda Motor of America, Inc., d/b/a Mazda North American Operations v. Mark Armstrong.

Court of Civil Appeals of Alabama.

October 2, 2009.

Attorney(s) appearing for the Case

Jon E. Lewis of Lewis, Feldman, Lehane & McAtee, Birmingham, for appellant/cross-appellee Mark Armstrong.

Joe C. Cassady, Sr., of Cassady & Cassady, Enterprise; and Bruce S. Terlep of Swanson, Martin & Bell, LLP, Lisle, Illinois, for appellee/cross-appellant Mazda Motor of America, Inc., d/b/a Mazda North American Operations.

MOORE, Judge.

On December 31, 2001, Mark Armstrong purchased a 2002 Mazda Protege automobile from Mitchell Motors, an authorized dealer of Mazda products. Armstrong paid $18,806.97 for the vehicle, which was covered by a "New Vehicle 36-month/50,000 Mile Limited Warranty" that contained the following express warranty provision:

"Mazda [North American Operations] warrants that your new Mazda Vehicle is free from defects in material or workmanship, subject...

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