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Nowalski v. Ford Motor Co.

Case Date: 11/27/2002
Court: 1st District Appellate
Docket No: 1-02-0947 Rel

THIRD DIVISION

November 27, 2002





No. 1-02-0947

 

MARK and ALICE NOWALSKI, ) Appeal from the
) Circuit Court of
           Plaintiffs-Appellants, ) Cook County.
)
                         v. )
)
FORD MOTOR COMPANY, ) Honorable
) John B. Grogan,
          Defendant-Appellee. ) Judge Presiding.

 

JUSTICE WOLFSON delivered the opinion of the court:

Mark and Alice Nowalski purchased a new automobile from FordMotor Company in October 1995. The vehicle came with a limited3-year/36,000 mile warranty. They discovered problems with thecar's rear axle and brought the car to the dealer for repairs onat least five occasions. Finally, they filed a complaint againstFord in January 2001. Ford contended their action was filed toolate, and the trial court entered summary judgment for Ford.

The Nowalskis chose to file their cause of action for breachof warranty under the federal Magnuson-Moss Act (the Act) (15U.S.C.