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Simpson v. Hyundai Motor Am. Inc.

The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to an authorized dealer for the purpose of allowing a final attempt to repair their allegedly defective cars.

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Angela Simpson and Tina Phillips appeal from the trial court’s grants of summary judgment to Hyundai Motor America, Inc. HMA in their separate suits pursuant to the Magnuson-Moss Warranty Act1 the Act and Georgia law claiming breach of express warranty, breach of implied warranty, and revocation of acceptance. Because several of the issues raised in both cases2 are identical, the cases have been consolidated for purposes of appeal. On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553-554 562 SE2d 731 2002.

A04A1279

 
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