McMahon v. Advance Stores Co., Inc., 227 W. Va. 21

Summary

The Supreme Court of Appeals of West Virginia answered a certified question concerning whether West Virginia Code § 46A-6-108(a) applies to a subsequent purchaser seeking enforcement of a limited express warranty restricted to original purchasers. The court held that the statute does not apply in those circumstances and concluded that Advance Auto Parts could limit the battery warranty to the original purchaser. The matter was remanded for further proceedings.

Holdings

1. West Virginia Code § 46A-6-108(a) does not apply to a suit by a subsequent purchaser for breach of a limited express warranty when the warranty specifically limits availability to the original purchaser.
2. A retailer may create a limited express warranty that restricts repair or replacement coverage to the original purchaser.
3. Advance's warranty clearly and unambiguously limited coverage to the original purchaser holding the original transaction receipt and ceased when the original purchaser sold the vehicle.

Questions Presented

1. Whether West Virginia Code § 46A-6-108(a) applies to a subsequent purchaser's suit for breach of a limited express warranty that expressly restricts coverage to the original purchaser.
2. Whether West Virginia's abolition of privity extends to an action seeking replacement under a retailer's limited express warranty rather than damages for personal injury, property damage, or an implied-warranty product-liability claim.
3. Whether the terms of Advance's limited express warranty permitted the retailer to terminate coverage when the original purchaser sold the vehicle.

Disposition

remanded