In Zylstra v. DRV, LLC, No. 20-1949 (7th Cir. August 10, 2021) the Seventh Circuit found that the District Court did not err in granting the defendant RV manufacturer’s motion for summary judgment in an action by the plaintiffs-purchaser of a recreational vehicle, alleging that defendant breached express and implied warranties under state law, as well as violated the Magnuson-Moss Act. Plaintiffs alleged that defendant’s recreational vehicle had multiple defects. But, in order to make claim for breach of express warranty, the purchaser must give the warrantor a reasonable opportunity to repair the defects. Under Indiana law, this means that the purchaser must give the warrantor more than two opportunities to repair the claimed defects. However, in instant case, although plaintiffs identified over 11 minor and major defects, the record showed that plaintiffs never allowed defendant more than two opportunities to repair those defects. The simple fact that the recreational vehicle was out of service for total of 230 days did not require different result, especially where the District Court found that time that the recreational vehicle spent in the repair facility was not so excessive that warranty failed of its essential purpose.
