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They decided to tackle the case when Recht certified a question to them. "Advance shall be required to abide by its warranty notwithstanding the person attempting to assert the warranty may not have been the original purchaser," he wrote.Īdvance sought review at the Supreme Court of Appeals, and the Justices denied it. He quoted state law that no action for breach of warranty shall fail because of a lack of privity between the consumer and the party against whom the claim is made.Ĭircuit Judge Arthur Recht granted summary judgment to McMahon and Karen John. Joseph John amended the complaint, adding wife Karen as plaintiff and proposing a class action. He sought to recover the replacement cost, expenses he incurred in trying to have the warranty honored, and damages for annoyance, inconvenience and aggravation. McMahon alleged breaches of express and implied warranties, fraud, and violations of consumer protection law.
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McMahon reimbursed the Johns for the new battery, and Joseph John filed suit on McMahon's behalf against Advance and Free in Ohio Circuit Court. Store manager Donn Free told Joseph John he wasn't entitled to relief because he wasn't the original purchaser.
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McMahon later provided the receipt to Karen John, and Joseph John took it to Advance. Store personnel said they couldn't replace it without a receipt, so the Johns bought a new battery. The battery died, and the Johns went to an Advance store seeking a replacement under the warranty. McMahon soon sold his Jeep to Karen John, wife of Wheeling lawyer Joseph John. The website stated, "Your warranty begins the day you purchase the battery, and expires at the end of the warranty period printed on your original receipt, or when you sell your vehicle, whichever comes first." It directed McMahon to the website for warranty information. The receipt stated, "24 month free replacement, 72 month pro-rated." In 2004, the Advance store in Weirton sold an Autocraft battery to Jeep owner Scott McMahon for $49. "At the moment the original purchaser sold the battery, Advance's limited warranty, by its express terms, ceased to exist," Justice Brent Benjamin wrote.Ĭhief Justice Robin Davis and Justice Thomas McHugh agreed with his opinion.ĭissenting Justice Margaret Workman called it anti-consumer judicial activism.ĭissenting Justice Menis Ketchum wrote that Advance set forth a limitation on its website but not on the receipt at the point of purchase. 24, three of five Justices relieved Advance Auto Parts from responsibility for a battery in a truck a customer sold. CHARLESTON – Merchants who sell warranties can limit them to original purchasers, according to the Supreme Court of Appeals.