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Chicago Associate Laura J. Henneman achieved summary disposition for an automotive client in the Peoria County Circuit Court in a case involving an alleged breach of warranty on Plaintiffs’ vehicle. Plaintiffs’ complaint involved an engine noise which could allegedly be heard occasionally for a brief moment upon vehicle start-up. Plaintiffs alleged breach of the express warranty and implied warranty of merchantability as a result of the noise.
Laura argued that Illinois law does not support claims based on engine noise alone and pointed out that Illinois courts have never held that an engine noise, such as the one complained of by Plaintiffs, renders a vehicle defective or unfit for its ordinary purpose. She also addressed Plaintiffs’ above average use of the vehicle over a seven year period arguing that the alleged engine noise had not stopped Plaintiffs from using their vehicle.
The Judge agreed with Larua noting that he believed the noise to be nothing more than a nuisance and a bother, and a minimal one at that, as Plaintiffs still used their car regularly. The Judge granted summary judgment and dismissed the case in its entirety.