HIBSCHMAN PONTIAC, INC. v. BATCHELOR 362 N.E. 2d 845 (Ind. 1977) CASE BRIEF

HIBSCHMAN PONTIAC, INC. V. BATCHELOR
362 N.E. 2d 845 (Ind. 1977)
NATURE OF THE CASE: This was an action for breach of warranty and punitive damages.
FACTS: Batchelor (P) relied on the representation of Hibschman's (D) employees that D had an excellent service department and bought a car from D. The car had numerous defects and had to be serviced at least 20 times. D repeatedly assured P that his car had been repaired; many of the items had not been touched. P took the car elsewhere and it was quickly fixed. P sued Pontiac (D1) and D for breach of warranty. P requested punitive damages against D. P was awarded $1,500 in damages and $15,000 for punitives. D appealed and the punitive damages were denied. P appealed.

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