United States Eighth Circuit

District court's grant of summary judgment on claim of violation of Minnesota lemon law and Magnuson-Moss Warranty Act violation is affirmed where: 1) plaintiff failed to present evidence that the engine stalls substantially impaired the use or market value as required by the lemon law, and the claim relating to transmission leaks was barred by statute; and 2) the breach of warranty claim was properly denied, as there was no dispute that an alleged breach of warranty relating to stalls or transmission fluid leaks caused any harm.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• GRUENDER, Circuit Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Todd Gadtke, argued, Daniel Brennan, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• John D. Sear, argued, Melissa R. Stull, on the brief, Minneapolis, MN, for appellee.