SCHURTZ V. BMW OF NORTH AMERICA
814 P.2d 1108 (1991)
NATURE OF THE CASE: This was a warranty dispute over a defective car.
FACTS: Schurtz (P) purchased a 320i from BMW (D) and the car was defective. P brought
these problems to the attention of D and D eventually gave up on trying to fix the car. P
sued D for breach of warranty and asked for incidental and consequential damages. D's
warranty prohibited recovery of those types of damages. D filed for a summary judgment. P
claimed that because the original warranty failed of its essential purpose, incidental and
consequential damages were recoverable. The trial found for D on the incidental and
consequential damages and P and D settled the matter but D was only awarded 1/4 of his
attorney fees ($10,000 vs. a request for $44,069.15).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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