SIXTH DIVISION
March 30, 2001
No. 1-00-0869
| MARIAN ALVAREZ, Plaintiff-Appellant, v. AMERICAN ISUZU MOTORS, Defendant-Appellee. | ) ) ) ) ) ) ) ) ) | Appeal from the Circuit Court of Cook County Honorable Robert Gordon, Judge Presiding. |
JUSTICE GALLAGHER delivered the opinion of the court:
Plaintiff Marian Alvarez appeals from an order of the trial court settingaside a jury verdict in plaintiff's favor on her breach of implied warranty ofmerchantability claim against defendant American Isuzu Motors. Plaintiff argueson appeal that the trial court erred in granting defendant's motion for judgmentnotwithstanding the verdict. We affirm.
On June 13, 1996, plaintiff purchased a 1996 Isuzu Rodeo automobile fromSchaumburg Isuzu, an authorized dealer of automobiles manufactured and exportedto the United States by Isuzu Motors of America and distributed by defendant.The price of the Rodeo, including taxes and title charges, was $26,326.35.Defendant's new vehicle limited warranty, as stated in the warranty bookletaccompanying the Rodeo, covered the car for 36 months or 50,000 miles, whichevercame sooner, and warranted that the car would be free of defects in materialsand workmanship during the warranty period. Any Isuzu dealer would make therepairs necessary to correct defects covered by the warranty and the buyershould allow a reasonable time for such repairs to be made. The warrantyspecifically excluded coverage for defects or malfunctions occurring due to thebuyer's misuse of the car or negligence in maintaining it. Additional warrantiescovered the "Power Train" and the exterior finish of the car. TheRodeo had approximately 200 miles on it when plaintiff bought the car.
Six weeks after the purchase, plaintiff began experiencing difficulties withthe car. Thereafter followed a series of return visits to Schaumburg Isuzu for amyriad of problems. The litany of plaintiff's complaints and the concomitantrepairs by Schaumburg Isuzu is as follows:
| Date | Problem(s) | Repair(s) |
| July 24, 1996 | Check Engine light on | Repaired oxygen sensor |
| Antifreeze leak | Replaced radiator hose | |
| August 29, 1996 | Scraping sound on right side of car | Repaired right front brake caliper; cleaned and lubed brake pads |
| November 11, 1996 | Radio inoperable | Radio functioned normally; no problem found |
| Check Engine light on | Engine misfire caused light on; no problem found | |
| Oil change | Oil changed | |
| January 22, 1997 | Transmission shifting prematurely and jerking (car had 9,000 miles) | Parts ordered: transmission inhibitor switch and radiator (current one was leaking) |
| January 27, 1997 | Above parts installed | |
| January 29, 1997 | Dome light inoperable | Door switch replaced (Exhaust studs replaced - unrelated to problem) |
| Transmission shifting too soon | Transmission replaced | |
| February 4, 1997 | Vehicle jerks while stopping and accelerating and bangs on up shift | Transmission gasket and band control solenoid replaced (Technician noted that transmission might need to be replaced ) |
| February 10, 1997 | Transmission shifting too early and slamming into gear when downshifting | Transmission replaced |
| February 12, 1997 | Transmission shifting hard and intermittently jerking | (While diagnosing problem, Rodeo out of service for 10 days; rental provided to plaintiff at no cost) |
| February 21, 1997 | (Car returned to plaintiff) | Mode select switch replaced |
| March 4, 1997 | Steering wheel shakes at speeds over 40 m.p.h. | Studs replaced and tires rotated |
| March 8, 1997 | Steering wheel shakes at speeds over 40 m.p.h. | Studs replaced and tires balanced |
| February 24, 1998 | Steering wheel shakes | Technician recommended rotating tires |
| Key sticking in ignition | Part ordered | |
| March 10, 1998 | Key problem repaired |
On March 18, 1997, plaintiff filed a two-count complaint against defendant.That complaint and an amended complaint were dismissed. On July 14, 1997,plaintiff filed a three-count second amended complaint alleging (I) breach ofwritten warranty under the Magnuson-Moss Warranty Act (15 U.S.C.