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Gilbert v. Monaco Coach Corp.

United States District Court for the Northern District of Georgia

352 F. Supp. 1323 (2004)

Relevant factsFree

The Gilberts (plaintiffs) bought an RV manufactured by Monaco (defendant) from a separate dealer, receiving a limited warranty covering repair or replacement of defective parts but excluding consequential damages; after discovering numerous defects Monaco failed to fix, the Gilberts sued for breach of written and implied warranties, MMWA violations, and revocation of acceptance, though their expert couldn't identify the technical cause of every defect. Monaco moved for summary judgment on all claims.

IssueFree

Whether a consumer who brings an action for breach of warranty, and who shows that a defect exists, needs to prove the exact, technical cause of the defect.

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