DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163636P.pdf 08/07/2017 Paris Limousine of OK, LLC v. Executive Coach Builders, Inc.
U.S. Court of Appeals Case No: 16-3636
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Kelly, Circuit Judge, with Murphy and Gruender, Circuit
Judges]
Civil Case - diversity. Dismissal of complaint alleging a breach of
express warranty to enforce a statutory safety standard under the Federal
Motor Vehicle Safety Standards that does not provide a private right of
action is reversed. Complaint alleged a violation of state law for breach
of express warranty, and the FMVSS and Safety Act do not affect the
potential liability under Missouri law for breach of its express warranty.
Claim of conflict preemption failed and allegations of cognizable damages
were sufficiently plead.