Suminski v. Maine Appliance Warehouse, Inc.

Paul Suminski (plaintiff) bought a television from Maine Appliance Warehouse (Maine Appliance) (defendant), and thirteen months later the television began malfunctioning and eventually stopped working entirely; Maine Appliance repeatedly told him it had no obligation to repair it once the express warranty expired and even denied any implied warranty existed. Suminski sued for breach of the implied warranty of merchantability and violation of Maine's Unfair Trade Practices Act, winning at the district court, which the superior court affirmed except for denying his appellate attorney's fees; both parties appealed.