Hebron v. American Isuzu Motors, Inc.

Rachel Hebron (plaintiff) was injured when another driver's maneuver caused her Isuzu Trooper to swerve and roll over. More than two years later, she sued American Isuzu Motors, Inc. (defendant) for $750,000, claiming Isuzu breached the implied warranty of merchantability by selling her a defective vehicle. By the time she sued, Hebron had already disposed of the truck, so Isuzu never had a chance to inspect the vehicle for the alleged defect. Isuzu moved for summary judgment, arguing Hebron's two-year delay in notifying it of the alleged breach was unreasonable under the UCC's notice requirement. The trial court agreed and granted summary judgment, and Hebron appealed, arguing the UCC's notice requirement applies only to merchant-to-merchant sales, not sales to ordinary retail consumers like her.