United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION IN
W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE
has filed a motion in limine seeking to preclude (1) evidence
or argument that the vehicle at issue was sold “as is,
” (2) evidence or argument that the Connecticut
Department of Motor Vehicles approved defendants'
contract form, and (3) reference to attorney's fees.
Plaintiff also requests that the Court rather than the jury
determine common law punitive damages. For the following
reasons, plaintiff's motion will be granted in full.
with the factual background of this case is presumed.
of the Implied Warranty of Merchantability through “as
warranty of merchantability is the broadest and most
important warranty in the Uniform Commercial Code. A warranty
of merchantability is implied in any sale of goods by a
merchant seller; the statutory standards for merchantability
include, under s 42a-2-314(2)(c), that the goods be fit for
the ordinary purposes for which such goods are used.”
Schenck v. Pelkey, 176 Conn. 245, 253-54 (1978).
motor vehicle dealer may disclaim implied warranties pursuant
to Connecticut General Statutes § 42-224, which
is” sales. Disclaimer
(a) A used motor vehicle may be sold “as is” by a
dealer only if its cash purchase price is less than three
thousand dollars or if such used motor vehicle is seven years
of age or older, which age shall be calculated from the first
day in January of the designated model year of such vehicle.
(b) No “as is” disclaimer by a dealer shall be
enforceable unless all of the following conditions are met:
(1) A disclaimer shall appear on the front page of the
contract of sale, which shall read as follows:
THIS VEHICLE IS SOLD “AS IS”. THIS MEANS THAT YOU
WILL LOSE YOUR IMPLIED WARRANTIES. YOU WILL HAVE TO PAY FOR
ANY REPAIRS NEEDED AFTER SALE.
IF WE HAVE MADE ANY PROMISES TO YOU, THE LAW SAYS WE MUST
KEEP THEM, EVEN IF WE SELL ...