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Upcoming Appeal: Trial Court Finds 2011 Jeep Patriot that Repeatedly Loses Power on Freeway is “Merchantable” – Ruiz Nunez v. FCA US LLC, et al.

Upcoming Appeal: Trial Court Finds 2011 Jeep Patriot that Repeatedly Loses Power on Freeway is “Merchantable” – Ruiz Nunez v. FCA US LLC, et al.

To prevail on a claim for breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act, the plaintiff must establish, among other things, the good (1) does not “[p]ass without objection in the trade” or (2) is not “fit for the ordinary purposes for which such goods are used.” (Civ. Code § 1791.1(a).)

Anabell Ruiz Nunez was driving on a California freeway with her then-nine-month-old in her 2011 Jeep Patriot when it suddenly began shaking and dropped from 65 miles per hour to only 10. It happened on at least three other occasions. The tear-jerking testimony convinced a unanimous jury not only that FCA US LLC (“FCA”) failed to repurchase Ms. Ruiz Nunez’ vehicle in violation of Civil Code section 1793.2(d)(2), but that Ms. Ruiz Nunez was entitled to two times her actual damages because FCA did so willfully. (See id. § 1794(c) [civil penalty provision].)

Yet, before the jury reached its verdict, the trial court granted FCA’s motion for nonsuit on Ms. Ruiz Nunez’ implied-warranty cause of action. That is, the trial court found–despite its repeated sudden loss of power on the freeway–the vehicle was not objectionable and was fit for the ordinary purpose for which cars are used.

Auto Fraud Legal Center’s Appellate Department stepped in to successfully oppose FCA’s post-trial motions. Following FCA’s appeal of the judgment and the orders denying its post-trial motions, Ms. Ruiz Nunez appeals the order granting nonsuit. If your firm faced an adverse ruling in an auto-fraud or lemon-law case and is interested in appealing, contact Rosner, Barry & Babbitt LLP’s Appellate Department today at appeals@rbblawgroup.com for a complimentary case evaluation.