Darling's v. Ford Motor Co., 2006 ME 22

Summary

The Maine Supreme Judicial Court affirmed summary judgment for Darling's, holding that Ford violated 10 M.R.S. § 1176 by charging back previously approved and paid warranty claims after the statutory thirty-day approval and payment periods. The court held that Ford could not rely on the audit authority in § 1176-A or impose a unilateral post-deadline charge-back procedure, while noting that judicial relief could remain available for contractual, fraudulent, or otherwise unlawful claims.

Holdings

1. The Superior Court correctly entered judgment for Darling's because Ford's sole theory supporting the charge-backs was that they were authorized by 10 M.R.S. § 1176-A, and that theory had already been rejected in the prior appeal.
2. Under the version of 10 M.R.S. § 1176 applicable to the litigation, a manufacturer may not unilaterally charge back previously approved and paid warranty claims after the statutory thirty-day periods for approval or disapproval and payment have expired.

Questions Presented

1. Whether the Superior Court correctly applied the Supreme Judicial Court's prior decision on remand in entering summary judgment for Darling's.
2. Whether 10 M.R.S. § 1176 barred Ford from unilaterally charging back previously approved and paid warranty claims after the statutory thirty-day approval and payment periods had expired.

Disposition

affirmed