DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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073225P.pdf 03/11/2009 Highway Sales v. Blue Bird Corporation
U.S. Court of Appeals Case No: 07-3225
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Wollman and Beam, Circuit Judges]
Civil case. In case alleging the Recreational Vehicle plaintiff Oren
purchased was defective, the district court erred in granting defendant
summary judgment on Oren's claim for breach of express warranties on
the ground the claim was time-barred, as there was a genuine issue of
material fact regarding the date Oren knew or should have known
defendant was unable to maintain the RV as warranted; district court did
not err in finding the time for filing a claim for breach of implied
warranties had expired and that Oren had failed to show he was entitled
to equitable tolling; a plaintiff who passes his "lemon" off to another
consumer before trial cannot pursue a claim under Minnesota's Lemon
Law; the district court erred in granting defendants' motion for summary
judgment on Oren's revocation of acceptance claims against Blue Bird
and Shorewood RV, as there was a genuine issue of material fact as to
whether Oren effectively revoked acceptance as to Shorewood; assuming
Oren's revocation of acceptance was effective against Shorewood, his
resale of the RV did not constitute reacceptance. Judge Beam, concurring
in part and dissenting in part.