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KESLING v. HUBLER NISSAN, INC.

No. 49S02-1302-CT-89.

997 N.E.2d 327 (2013)

Heather N. KESLING, Appellant (Plaintiff below), v. HUBLER NISSAN, INC., Appellee (Defendant below).

Supreme Court of Indiana.

October 29, 2013.

Attorney(s) appearing for the Case

Robert E. Duff , Lebanon, IN, Attorney for Appellant.

Julianne Nixon Sheeks , Greenfield, IN, Attorney for Appellee.

Ronald C. Smith , Donn H. Wray , Marc A. Menkveld , Indianapolis, IN, Attorneys for Amicus Curiae Automobile Dealers Association of Indiana, Inc.

Paul L. Jefferson , T. Joseph Wendt , Indianapolis, Indiana, Attorneys for Amicus Curiae Indiana Legal Foundation.

RUSH, Justice.

An auto dealership's advertisement of an inexpensive used car as a "Sporty Car at a Great Value Price," is textbook puffery—not actionable as deception or fraud, because a reasonable buyer could not take it as a warranty about the car's performance or safety characteristics. But when the dealer has inspected the car and should know it has serious problems, answering a buyer's question about why it idled roughly

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