Wilbur v. Toyota Motor Sales, U.S.A.

Nicolyn Wilbur (plaintiff) bought a used Toyota that had earlier been a demonstration model involved in a rear-end collision the dealership assured her caused no structural damage. Her New Vehicle Limited Warranty excluded accident-related repairs and stated it ran from the in-service date, which the dealership listed as her purchase date, though a separate emissions warranty tied the in-service date to when the car became a demonstration model. Wilbur later discovered $9,500 in structural damage from the earlier accident, and no dealership would honor her warranty, treating the accident exclusion as controlling regardless of when coverage started. She sued Toyota (defendant) under the Magnuson-Moss Warranty Act; the district court granted Toyota summary judgment, treating the warranty as effective from the demonstration-car date, and Wilbur appealed.

Whether, under the Magnuson-Moss Warranty Act, an ambiguous term in a written warranty will be construed against the warrantor.