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White v. Holiday Kamper & Boats - No. 7:06-02362-HFF, 2008 U.S. Dist. LEXIS 68700 (D.S.C. Sep. 9, 2008)


As a general rule, a claim arising out of the provisions of a contract must find a remedy under contract law. 


Plaintiffs, who live outside of Knoxville, Tennessee, purchased a 2005 Fleetwood Revolution RV from Defendant Holiday Kamper & Boats (Holiday Kamper) on May 19, 2005, for the purchase price of $226,506.00. At the time of purchase, the mileage of the RV was 1,500 miles. Upon delivery, Plaintiffs experienced continuing problems with the RV. Over the next year, Plaintiffs made repeated attempts to repair the various defects, but contend that certain problems have not been resolved. In addition, Plaintiff Bevis White telephoned Defendant Fleetwood to alert them to the defects with the RV. On three separate occasions, Bevis White spoke with a Defendant Fleetwood representative and on all three occasions he did not receive the requested assistance. Plaintiffs took the RV to Defendant Holiday Kamper for its last known repair. Technicians noted that the RV had been driven approximately 5,950 miles. The plaintiffs filed a breach of warranty action, revocation of acceptance, common law tort claim of negligence and/or negligent misrepresentation  against the defendants. Defendants filed a motion for partial summary judgment.


Should the court grant the motion for partial summary judgment?




The Court granted Defendants' motion for partial summary judgment. The Court held that Plaintiffs' claim for breach of warranty is grounded in contract, not tort. Moreover, Plaintiffs have failed to show a "special relationship" with Defendants nor have they alleged any unreasonable risk of bodily injury or death. The Court also noted that the Plaintiffs actions were inconsistent with the revocation requirement of "cancelling the terms of the contract." Plaintiffs withdrew their breach of the implied warranty of fitness for particular purpose claim so the Court granted judgment to Defendants on this issue.

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