DATE OF JUDGMENT: 08/16/2013
JACKSON COUNTY CIRCUIT COURT, HON. ROBERT P. KREBS,
FOR APPELLANT: SHIREEN HORMOZDI, ERIC KACZANDER.
FOR APPELLEE: PAUL V. CASSISA, JR.
BEFORE WALLER, C.J., CHANDLER AND KING, JJ. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE AND COLEMAN, JJ., CONCUR.
¶1. In today's case, this Court is presented with an issue of first impression: whether Mississippi Code Section 63-17-159(6) (Rev. 2013), the Motor Vehicle Warranty Enforcement Act, or Mississippi Code Section 75-2-101 (Rev. 2012), et seq. (the Uniform Commercial Code, the " UCC" ) is the most analogous state statute to the federal Magnuson-Moss Warranty Act for the purposes of determining the statute of limitations for Magnuson-Moss Act claims filed in Mississippi.
¶2. The trial court found that the Motor Vehicle Warranty Enforcement Act was the most analogous state law to the Magnuson-Moss Act and dismissed the plaintiffs' claim as barred by the statute of limitations. As discussed below, Mississippi's UCC is the most analogous state statute to the Magnuson-Moss Act. Therefore, the trial court erred in dismissing the plaintiffs' claim.
FACTS AND PROCEDURAL HISTORY
¶3. Paul and Terri Broome (" the Broomes" ) purchased a 2010 Chevrolet Equinox from a Chevrolet dealership in April 2010. The vehicle came with a three-year or 36,000 mile warranty. According to the Broomes, the vehicle had various defects which they attempted to have repaired through the dealership. When the dealership was unable to fix the defects, in December 2011, the Broomes filed suit against the manufacturer of the vehicle, General Motors, for breach of written and implied warranty under the Magnuson-Moss Act.
¶4. General Motors then filed a motion to dismiss the Broomes' complaint, alleging that their claims were barred by the
statute of limitations. Because the Magnuson-Moss Act does not have a statute of limitations, the statute of limitations of the most analogous state law applies. The County Court of the First Judicial District of Jackson County found that the most analogous state statue is the Motor Vehicle Warranty Enforcement Act; which requires an action to be brought either one year after the expiration of the express warranty, or eighteen months after the delivery of the vehicle to the consumer, whichever is earlier. See Miss. Code Ann. § 63-17-159 (Rev. 2013). Because the Broomes filed suit more than eighteen months after delivery of the vehicle, the trial court granted General Motors' motion to dismiss. The Broomes appealed to the Circuit Court of Jackson County, and the circuit court affirmed the judgment of the county court. The Broomes now appeal to this Court.
¶5. The Broomes present one issue on appeal: whether Section 63-17-159(6) or Section 75-2-101, et seq. is the most analogous state statute to the federal Magnuson-Moss Warranty Act for the purposes of determining the statute ...