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McMAHON v. ADVANCE STORES CO., INC.

No. 35467.

705 S.E.2d 131 (2010)

Scott McMAHON and Karen Jones, individually, and on behalf of and others similarly situated, Plaintiffs Below, Respondents v. ADVANCE STORES COMPANY, INCORPORATED, d/b/a Advance Auto Parts and Donn Free, Defendants Below, Petitioners.

Supreme Court of Appeals of West Virginia.

Decided November 24, 2010.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq. , Steptoe & Johnson, PLLC, Charleston, WV, Karen E. Kahle, Esq. , Steptoe & Johnson, PLLC, Wheeling, WV, for Petitioners.

Joseph J. John, Esq. , John Law Office, Anthony I. Werner, Esq. , Bachmann Hess Bachmann & Garden, Wheeling, WV, for Respondents.

Jeffrey A. Holmstrand, Esq. , McDermott & Bonenberger, PLLC, Wheeling, WV, Eric L. Silkwood , Flaherty Sensabaugh Bonasso, PLLC, Charleston, WV, for Amicus Curiae, Defense Trail Counsel of West Virginia.

Alvin L. Emch, Esq. , Pamela D. Tarr, Esq. , Jackson & Kelly, PLLC, Charleston, WV, for Amici Curiae, West Virginia Retailers Association and West Virginia Manufacturers Association.

BENJAMIN, Justice:

This matter is before the Court upon a certified question from the Circuit Court of Ohio County. The certified question is as follows:

Does W. Va.Code § 46A-6-108(a) apply to suits for breach of limited warranty by subsequent purchasers where the limited warranty involved limits its availability to original purchasers?

The circuit court answered this question in the affirmative. Upon review of the parties' briefs

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