United States Eighth Circuit

In a dispute over the sale of an allegedly defective vehicle, summary judgment for defendant is reversed where: 1) a genuine issue of material fact exists regarding the date plaintiff knew or should have known defendant was unable to maintain the RV as warranted; 2) a genuine issue of material fact exists as to whether plaintiff revoked acceptance only against defendant and not against co-defendant Shorewood. District court ruling is affirmed where: 1) the court did not err in finding the time for filing a claim for breach of implied warranties had expired and that plaintiff had failed to show he was entitled to equitable tolling; 2) a plaintiff who passes his "lemon" off to another consumer before trial cannot pursue a claim under the state Lemon Law; and 3) plaintiff's resale of the RV did not constitute reacceptance.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BEAM, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William L. Davidson, argued, Minneapolis, MN (Brian A. Wood, Kevin J. Rodlund, on the brief), for appellant.


• For Appellees:
  
• Edward H. Wasmuth, Jr., argued, Minneapolis, MN (Randall J. Pattee, Mark S. Enslin, on the brief), for appellee.