Anderson v. Gulf Stream Coach, Inc., No. 11-1064 (7th Cir. 2011)
Annotate this CasePurchasers sued the manufacturer, claiming that their motorhome had numerous defects and that defendant misrepresented the size of its engine. The district court entered summary judgment in favor of defendant. The Seventh Circuit reversed in part. There was evidence that the purchasers gave defendant an opportunity to cure, as required for Indiana law claims for breach of implied and express warranties and federal claims under the Magnuson-Moss Act, 18 U.S.C. 2310(e). Evidence also supported a claim that defendant committed an "uncured" deceptive act under the Indiana Deceptive Consumer Sales Act in representing the engine size. Federal regulations prohibited defendant's designation of the vehicle, which was completed during the 2008 production cycle and had the characteristics of a 2008 model year, as a "2009," but there are disputed questions of fact surrounding information defendant disclosed to the purchasers. The district court properly entered summary judgment on claims for fraud and for commission of an "incurable" deceptive act under Indiana law because the evidence does not support that defendant acted with intent to deceive.
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