State of Indiana

10/10/2024 | Press release | Distributed by Public on 10/09/2024 22:15

[SUPREME] Glenn Thomas, as Personal Representative of the Estate of Bernadette O’Malley v. Valpo Motors, Inc., No. 24S PL 00286

O'Malley bought a used car at Valpo Motors "as-is" with no dealer warranty. The same day, she purchased a service contract from Wynn's Extended Care. One month later, her car broke down. When Valpo Motors refused to perform repairs under the service contract, O'Malley sued it for a breach of implied warranty of merchantability. The Porter Superior Court granted summary judgment to Valpo Motors. A split panel of the CoA affirmed. Glenn Thomas, as Pers. Representative of the Est. of Bernadette O'Malley v. Valpo Motors, Inc., 23A-PL-2391 (Ind. Ct. App. May 2, 2024) (mem.), vacated. The Indiana Supreme Court has granted the Estate's petition to transfer and assumed jurisdiction over the case.