Richard Bailey v. Monaco Coach Corporation , 168 F. App'x 893 ( 2006 )


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  •                                                                      [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT       FILED
    U.S. COURT OF APPEALS
    ------------------------------------------- ELEVENTH CIRCUIT
    FEBRUARY 22, 2006
    No. 04-16575
    THOMAS K. KAHN
    Non-Argument Calendar
    CLERK
    --------------------------------------------
    D.C. Docket No. 04-00040-CV-TWT-1
    RICHARD BAILEY,
    Plaintiff-Appellant,
    versus
    MONACO COACH CORPORATION,
    Defendant-Appellee.
    ----------------------------------------------------------------
    Appeal from the United States District Court
    for the Northern District of Georgia
    ----------------------------------------------------------------
    (February 22, 2006)
    Before EDMONDSON, Chief Judge, ANDERSON and MARCUS, Circuit Judges.
    PER CURIAM:
    Plaintiff-Appellant Richard Bailey appeals the grant of summary judgment
    in favor or Defendant-Appellee Monaco Coach Corporation (“Monaco”) in
    Bailey’s suit for breach of warranty under the Magnuson-Moss Warranty Act
    (“MMWA”), 15 U.S.C. § 230l, et seq. No reversible error has been shown; we
    affirm.
    Bailey purchased a motor home manufactured by Monaco which he claimed
    was beset by many defects which remained unrepaired after Bailey afforded
    Monaco sufficient opportunity to correct the defects. The district court
    considered fully Bailey’s claims and concluded that Bailey -- who was represented
    by trial counsel but proceeds pro se on appeal -- (i) presented no evidence that
    Monaco failed to repair any defect that timely was brought to Monaco’s attention
    and was within the terms of the express Limited Warranty; and (ii) because Bailey
    was not in privity of contract with Monaco, a claim for breach of implied warranty
    fails as a matter of Florida law.1
    1
    While the MMWA, (
    15 U.S.C. § 2301
    (7)), gives consumers a private right of action against
    warrantors for breach of implied warranty, implied warranty claims under the MMWA arise out of
    and are defined by state law. 
    Id.
     Bailey purchased the motorhome from a dealer and not directly
    from Monaco. No privity exists between Bailey and Monaco. Under Florida law, privity of contract
    is an essential element of a claim for breach of implied warranty. See Mesa v. BMW of North
    America, LLC, 
    904 So.2d 450
    , 458 (Fla.App. 2005) (“Under Florida law, a plaintiff cannot recover
    economic losses for breach of implied warranty in the absence of privity;)” Baker v. Danek Medical,
    
    35 F.Supp. 2d 875
    , 878 (N.D. Fla. 1998); Kramer v. Piper Aircraft Corp., 
    520 So.2d 37
    , 38 (Fla.
    1988).
    2
    We see no error in the district court’s conclusions. About Bailey’s claims
    that Monaco breached its limited written warranty, no genuine issue of material
    fact exists because (i) a number of the alleged defects were excluded expressly by
    the terms of Monaco’s limited warranty; (ii) Bailey admitted that certain claimed
    defects were repaired; (iii) Monaco was not given reasonable notice of certain
    defects; and (iv) Bailey failed to provide sufficient evidence to establish that
    certain problems constituted defects. Absent sufficient evidence to raise a triable
    issue that Monaco failed to repair a covered defect that was brought appropriately
    to its attention, Bailey could show no breach of express warranty. About Bailey’s
    claim that Monaco breached implied warranties, the absence of privity between
    Bailey and Monaco is dispositive: Bailey’s claim of breach of implied warranty
    fails as a matter of law.
    AFFIRMED.
    3
    

Document Info

Docket Number: 04-16575

Citation Numbers: 168 F. App'x 893

Judges: Anderson, Edmondson, Marcus, Per Curiam

Filed Date: 2/22/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024